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Civil Procedure Keyed to Babcock
Eisen v. Carlisle & Jacquelin
Citation:
417 U.S. 156 (1974)Facts
Eisen on behalf of himself and other odd-lot traders brought suit against Defendants Carlisle & Jacquelin and DeCoppet & Doremus who handled 99% of odd-lot trading and were charging really high fees. Plaintiffs accused Defendants of having unlawful monopoly power in violation of the Sherman Act. Defendant challenged the class certification under FRCP 23 and the district court granted their motion to decertify the class. On appeal, the court of appeals issued two rulings: (1) the district court’s decision was final and properly appealable and (2) the class may be able to be properly certified. Defendant appealed again. The court appeals then reversed the district court’s determination and denied the class certification. The Supreme Court of the United States granted certiorari.
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