LAUPHEIMER v. McDONNELL & CO., INC.

No. 908, Docket 73-2721.

500 F.2d 21 (1974)

John D. LAUPHEIMER, Appellant, v. McDONNELL & CO., INC., et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1974.


Attorney(s) appearing for the Case

Philip C. Patterson, Philadelphia, Pa. (Blank, Rome, Klaus & Comisky, Philadelphia, Pa.; Jay H. Landau, Zimmer, Fishbach, Hertan & Haberman, New York City), for appellant.

Michael J. McAllister, New York City (Lunney & Crocco, New York City; J. Robert Lunney, New York City, of counsel), for appellee T. Murray McDonnell.*

Before KAUFMAN, Chief Judge, HAYS and OAKES, Circuit Judges.


OAKES, Circuit Judge:

This appeal is from an order of the District Court for the Southern District of New York, Robert L. Carter, Judge, granting a motion to stay all proceedings pending arbitration in this "Go-Go Years" securities fraud case. This appeal raises a question left in the interstices between Wilko v. Swan, 346 U.S. 427, 74 S.Ct. 182, 98 L.Ed. 168 (1953), and Coenen v. R. W. Pressprich & Co., 453...

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