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KOHEN v. PACIFIC INV. MANAGEMENT CO. LLC

No. 08-1075.

571 F.3d 672 (2009)

Josef A. KOHEN, et al., on their own behalf and that of all others similarly situated, Plaintiffs-Appellees, v. PACIFIC INVESTMENT MANAGEMENT COMPANY LLC and PIMCO Funds, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 2009.

Attorney(s) appearing for the Case

Christopher P. Lovell (argued), Lovell Stewart Halebian, LLP, New York, NY, Marvin A. Miller, Miller Law LLC, Chicago, IL, for Plaintiffs-Appellees.

Maureen E. Mahoney, Attorney, Latham & Watkins LLP, Washington, DC, Miles N. Ruthberg (argued), Latham & Watkins LLP, Los Angeles, CA, for Pacific Investment Management Company LLC, PIMCO Funds.

Blake T. Hannafan, Hannafan & Associates, Nicholas A. Pavich, Chicago, IL, Miles N. Ruthberg (argued), Latham & Watkins LLP, Los Angeles, CA, for PIMCO Funds.

Before POSNER, EVANS, and TINDER, Circuit Judges.

POSNER, Circuit Judge.

The defendants in this class action suit have appealed from the district court's certification of a plaintiff class. Fed.R.Civ.P. 23(f). The suit, based on section 22(a) of the Commodity Exchange Act, 7 U.S.C. § 25(a), accuses the defendants, collectively "PIMCO," of having violated section 9(a) of the Act, 7 U.S.C. § 13(a), by cornering a futures market. A corner is a form of monopolization. See United States v. Patten,

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