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Cftc Vs. Schor
Cites for this judgment
- US Supreme Court
- Jul 07, 1986
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U.S. 833 (1986) U.S. Supreme Court CFTC v. SchorSearch
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U.S. 833 (1986) Commodity Futures Trading Commission v. SchorSearch
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had filed a diversity action in Federal District Court to recover the debit balance. ContiCommodity Services, Inc. v. MortgageSearch
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insisted that the debit balance resulted from Schor's trading, and was therefore a simple debt owed by Schor. Schor v. CommoditySearch
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whether CFTC could constitutionally adjudicate Conti's counterclaims in light of Northern Pipeline Construction Co. v. MarathonSearch
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Thomas v. UnionSearch
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III objections, and thus unnecessary constitutional adjudication, could be avoided. Ibid. (quoting Ralpho v. BellSearch
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U. S. 740 , 367 U. S. 749 (1961). See also NLRB v. CatholicSearch
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by which the constitutional question can be avoided. Crowell v. BensonSearch
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U. S. 22 (1932). See also Machinists v. StreetSearch
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Aptheker v. SecretarySearch
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of State, 378 U. S. 500 , 378 U. S. 515 (1964) (quoting Scales v. UnitedSearch
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States, 367 U. S. 203 , 367 U. S. 211 (1961)). See also Heckler v. MathewsSearch
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as the principal claim, and requires resolution of many of the same disputed factual issues. Friedman v. DeanSearch
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it is entrusted to administer, considerable weight must be accorded the CFTC's position. See Chevron U.S.A. Inc. v. NaturalSearch
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reparations dispute, but has not overruled the CFTC's assertion of jurisdiction. See Red Lion Broadcasting Co., Inc. v. FCCSearch
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NLRB v. BellSearch
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Aerospace Co., 416 U. S. 267 , 416 U. S. 274 -275 (1974) (footnotes omitted). See also FDIC v. PhiladelphiaSearch
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we cannot but deem that construction virtually conclusive. See Red Lion Broadcasting Co. . Inc. v. FCCSearch
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supra, at 395 U. S. 380 -381. See also Bell v. NewSearch
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evidence of congressional intent because that intent was not specifically embodied in a statutory mandate. See Heckler v. MathewsSearch
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Thomas, supra, at 473 U. S. 587 . See also Crowell v. BensonSearch
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Cf. Crowell v. BensonSearch
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the procedures by which civil Page 478 U. S. 849 and criminal matters must be tried. See, e.g., Boykin v. AlabamaSearch
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WHITE, J., dissenting). See also Thomas, supra, at 473 U. S. 584 , 473 U. S. 591 . Cf. Kimberly v. ArmsSearch
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Heckers v. FowlerSearch
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under the CEA was explicitly recognized in the Circuit in which Schor and Conti filed suit in District Court. See Hirk v. Agri-ResearchSearch
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Council, Inc., 561 F.2d 96, 103, n. 8 (CA7 1977). See also Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSearch
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to an adjudication by the CFTC of the entire controversy by seeking relief in this alternative forum. Cf. McElrath v. UnitedSearch
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Northern Pipeline, supra, at 458 U. S. 58 . See also United States v. WillSearch
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constitutional courts, National Insurance Co. v. TidewaterSearch
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United States v. GriffinSearch
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may deposit us. Indeed, the CFTC's exercise of this type of jurisdiction is not without precedent. Thus, in RFC v. BankersSearch
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agency, subject to judicial review, when that claim was ancillary to a federal law dispute. Similarly, in Katchen v. LandySearch
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in Northern Pipeline. The CEA scheme, in fact, hews closely to the agency model approved by the Court in Crowell v. BensonSearch
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courts, and allocates the decision of those matters to a non-Article III forum of its own creation. Murray's Lessee v. HobokenSearch
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S. 583 -584. We do not think Article III compels this degree of prophylaxis. Nor does our decision in Bowsher v. SynarSearch
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under its ancillary jurisdiction, even if an independent jurisdictional basis for it were lacking. See, e.g., Baker v. GoldSearch
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Moore v. NewSearch
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Together with No. 85-642, ContiCommodity Services, Inc. v. SchorSearch
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