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DAHL v. CHARLES SCHWAB & CO., INC.

No. C1-94-1040.

524 N.W.2d 742 (1994)

Kirk DAHL, et al., on behalf of themselves and all others similarly situated, Appellants, v. CHARLES SCHWAB & CO., INC., Respondent.

Court of Appeals of Minnesota.

Review Granted February 14, 1995.

Attorney(s) appearing for the Case

Karl L. Cambronne, Jeffrey D. Bores, Chestnut & Brooks, P.A., Minneapolis, Mark Reinhardt, Gavin S. Wilkinson, Reinhardt & Anderson, St. Paul, Charles H. Johnson, Garrett D. Blanchfield, Jr., Charles H. Johnson & Associates, New Brighton, for appellants.

Steve Gaskins, Jeannine L. Lee, Cosgrove, Flynn & Gaskins, Minneapolis, Norman J. Barry, Jr., Barrie L. Brejcha, Baker & McKenzie, Chicago, IL, for respondent.

Considered and decided by HARTEN, P.J., and DAVIES and AMUNDSON, JJ.

OPINION

AMUNDSON, Judge.

Appellants challenge the district court's grant of summary judgment, arguing (1) that their claims are not preempted by federal securities law, and (2) that the Securities and Exchange Commission does not have primary jurisdiction. We reverse and remand.

FACTS

Respondent Charles Schwab & Co., Inc. (Schwab) is a discount securities brokerage firm. If a stock is traded on a national or regional stock exchange...

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