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FRAME v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Docket No. 28135.

20 Cal.App.3d 668 (1971)

97 Cal. Rptr. 811

RONALD FRAME, Plaintiff and Respondent, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

October 19, 1971.

Attorney(s) appearing for the Case

COUNSEL

Orrick, Herrington, Rowley & Sutcliffe, Richard J. Lucas and W. Reece Bader for Defendant and Appellant.

Robertson, Alexander & Luther and William D. Esselstein for Plaintiff and Respondent.

Herzstein, Maier & Lippett and Goldstein, Barceloux & Goldstein as Amici Curiae on behalf of Respondent.

OPINION

CHRISTIAN, J.

Merrill Lynch, Pierce, Fenner & Smith, Inc. appeals from an order denying its petition for arbitration of issues raised in an action brought by respondent Ronald Frame.

Respondent, a former employee of appellant, commenced an action seeking a determination that a portion of a purported agreement between appellant and respondent, which provides for forfeiture of profit-sharing rights by any employee...

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