BELKE v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 81-6055.

693 F.2d 1023 (1982)

Margaret K. BELKE, Plaintiff-Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, Frank Utermehle, Nobert Fisher, Edward C. Weizer, G. William Rolls and Leigh Rolls, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 13, 1982.


Attorney(s) appearing for the Case

Bennett Falk, Walton Lantaff Schroeder & Carson, Miami, Fla., for Merrill Lynch, Utermehle, Fisher and Weizer.

Lewis N. Brown, Gilbride & Heller, P.A., Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, KRAVITCH and HATCHETT, Circuit Judges.


KRAVITCH, Circuit Judge:

This case presents the question whether the district court correctly held that appellant waived its right to arbitrate by failing to move for arbitration at the outset of the litigation, despite the fact that at that time counsel for appellant considered such a motion futile. Finding that severance was impossible at the commencement of litigation because the claims were inextricably intertwined, that a motion for arbitration at the start of...

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