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

Docket No. 28875.

24 Cal.App.3d 35 (1972)

100 Cal. Rptr. 791

DAVID WARE, Plaintiff and Respondent, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant and Appellant.

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

March 15, 1972.

Attorney(s) appearing for the Case

COUNSEL

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

Feeney & Sparks and Joseph C. Barton for Plaintiff and Respondent.

OPINION

BRAY, J.*

Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. appeals, pursuant to Code of Civil Procedure section 1294, subdivision (a), from an order denying petition to order arbitration.

Questions Presented

1. Was there an arbitration agreement?

2. Is the forfeiture provision of the arbitration agreement legal...

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