Rivers v. Rosenthal & Co.

U.S. Court of Appeals for the Fifth Circuit September 20, 1982

Rivers v. Rosenthal & Co., 686 F.2d 297 (5th Cir. 1982)

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KRAVITCH, HENDERSON and REAVLEY, Circuit Judges. PER CURIAM:

The Supreme Court, -U.S. -, 102 S.Ct. 2228, 72 L.Ed.2d 841, has vacated our judgment (see 634 F.2d 774) and remanded for further consideration in light of Merrill Lynch, Pierce, Fenner & Smith v. Curran, 456 U.S. -, 102 S.Ct. 1825, 72 L.Ed.2d 182 (1982). The Court in that decision held that an implied private right of action does exist under the Commodity Exchange Act.

The district court’s order denying the defendant’s motion to dismiss is therefore affirmed with all costs awarded against Rosenthal & Company.

AFFIRMED.

Reference

Full Case Name: John RIVERS and Tom Lamb, (Dan P. Rivers, as of the will of John Rivers, substituted in place and stead of John Rivers, deceased) v. ROSENTHAL & COMPANY
Cited By: 1 case
Status: Published