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FRIETSCH v. REFCO, INC.

No. 94-3778.

56 F.3d 825 (1995)

Helmut FRIETSCH, Horst Gerhard Hess, Manfred Schneider, Siegfried Koegler, and Martin Gerweck, individually and on behalf of all others similarly situated, et al., Plaintiffs-Appellants, v. REFCO, INCORPORATED, Stuart Trading Company, and William A. Stuart, III, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 1995.

Rehearing and Suggestion for Rehearing Denied July 12, 1995.

Attorney(s) appearing for the Case

Edward T. Joyce, Arthur W. Aufmann (argued), Rowena T. Paras, Rowena T. Parma, Howard Brian Prossnitz, William D. Anthony, Jr., John E. Dolkart, Chicago, IL, for plaintiffs-appellants.

Roger Pascal, Paul E. Dengel (argued), Scott C. Tomassi, Schiff, Hardin & Waite, Thomas Bradley, Laner, Muchin, Dombrow, Becker, Levin & Tominberg, James A. McGurk, McConnell & Mendelson, Chicago, IL, for defendants-appellees.

Before POSNER, Chief Judge, FLAUM, Circuit Judge, and SHABAZ, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied July 12, 1995.*

POSNER, Chief Judge.

The plaintiffs, who are citizens and residents of Germany, brought this suit for federal securities fraud against Refco, a U.S. commodities broker headquartered in Chicago. (There are two other defendants, but we need not discuss them separately.) Refco moved to dismiss the suit on the ground that the forum selection clause in the plaintiffs...

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