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ZIMMER v. COOPERNEFF ADVISORS, INC.

No. 05-1119.

523 F.3d 224 (2008)

Steven A. ZIMMER v. COOPERNEFF ADVISORS, INC.; BNP Paribas SA, Appellants.

United States Court of Appeals, Third Circuit.

Filed April 14, 2008.

Attorney(s) appearing for the Case

Edward T. Colbert, (Argued), Brian S. Mudge, Kenyon & Kenyon, Washington, D.C., Susan K. Herschel, Hoyle, Fickler, Herschel & Mathes, Philadelphia, PA, for Appellants.

Robert L. Ebby, (Argued), Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, for Appellee.

Before: SLOVITER, FUENTES, Circuit Judges, and RESTANI, Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is an appeal by CooperNeff Advisors, Inc. ("CooperNeff") of the District Court's order denying its motion to compel arbitration of the claim filed by its former employee, Steven A. Zimmer, on the ground that the arbitration clause in the employment agreement between Zimmer and CooperNeff was unconscionable and, alternately, that CooperNeff waived its right to compel arbitration by litigating its claims...

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