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WESTMORELAND CAPITAL CORP. v. FINDLAY

No. 973, Docket 96-7257.

100 F.3d 263 (1996)

WESTMORELAND CAPITAL CORPORATION, Joseph M. Jayson and Judith P. Jayson, Petitioners-Appellants, v. George D. FINDLAY and John F. Joyce, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 7, 1996.

Attorney(s) appearing for the Case

Robert J. Lane, Jr., Hodgson, Russ, Andrews, Woods & Goodyear, LLP, (Adam W. Perry, of counsel) Buffalo, NY, for Petitioners-Appellants.

Samuel H. Press, Portnow, Little & Cicchetti, P.C., Burlington, VT, for Respondents-Appellees.

Before MESKILL, WINTER and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

We are asked to decide whether a petition under the Federal Arbitration Act (the "FAA"), 9 U.S.C. § 1 et seq., seeking to stay arbitration of claims that arise, in part, under the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78a et seq., was properly dismissed by the United States District Court for the Western District of New York, for lack of subject matter jurisdiction. Because the...

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