PATRY v. ROSENTHAL CO., (D.Kan. 1982)

THEIS, District Judge.

This case is before the Court on defendants' motion to dismiss. Defendants claim that the Commodity Exchange Act (CEA) grants exclusive and preemptive adjudicatory jurisdiction for broker-customer disputes such as are involved in this case to the reparations forum conducted by the Commodity Futures Trading Commission (CFTC). Defendants further claim that even if this Court finds no preemption of jurisdiction, the Court should exercise the doctrine of primary jurisdiction in favor of the CFTC and refrain from deciding this case.

An examination of the 1974 Amendments to the CEA, the legislative history, case law, and scholarly commentary, leads the Court to conclude in this case there has been no preemption, primary jurisdiction does not apply, and thus defendants' motion to dismiss must be overruled.