Chicago Commodities, Inc. Rosenthal & Company Diana Watt, Donald W. Adams v. Commodities Futures Trading Commission, Charles L. Dick Wilma Dick

ORDER

The Commodity Futures Trading Commission (CFTC) issued a reparation order on February 3, 1986 in favor of the claimants, Mr. and Mrs. Dick, for $44,-992.45. The petitioners filed a timely petition for review of the CFTC order with this court. However, the clerk of the court received the petitioners’ appeal bond 31 days after entry of the CFTC’s order. The Commodity Exchange Act, 7 U.S.C. § 18 (e), requires that a party seeking review of a CFTC reparation order file a bond with the clerk within 30 days after the date of the reparation order. We hold that the bond requirement in 7 U.S.C. § 18 (e) is jurisdictional and, accordingly, we dismiss for lack of jurisdiction.

The plain meaning of the language in 7 U.S.C. § 18 (e) supports our conclusion that the bond requirement is jurisdictional. Specifically, section 18(e) provides that “[sjuch appeal shall not be effective unless within 30 days from and after the date of the reparation order the appellant also files with the clerk of the court a bond____” (emphasis added). While this language is subject to several interpretations, the most persuasive interpretation of the provision is that the timely filing of an appeal bond is a…