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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. COHEN

No. 93-5125.

62 F.3d 381 (1995)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., David Sanford, Plaintiffs-Appellants, v. Simon L. COHEN, individually and as custodian for the accounts of Adam Cohen and Erica Cohen, Judith Cohen, individually and as custodian of the accounts of Adam Cohen and Erica Cohen, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Jack J. Aiello, Scott J. Link, Gunster, Yoakley & Stewart, P.A., West Palm Beach, FL, for appellants.

Curtis Carlson, Carlson & Bales, P.A., Miami, FL, for appellees.

Before KRAVITCH and EDMONDSON, Circuit Judges, and EISELE, Senior District Judge.

KRAVITCH, Circuit Judge:

The issue presented in this appeal is whether arbitrators or courts decide the timeliness of claims sought to be arbitrated pursuant to the National Association of Securities Dealers ("NASD") Code of Arbitration. We hold that the court determines whether a claim is timely; accordingly, we REVERSE and REMAND.

I.

Between 1985 and 1987, Simon and Judith Cohen (the "Cohens") purchased...

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