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RICHARDS v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Docket No. 48048.

64 Cal.App.3d 899 (1976)

135 Cal. Rptr. 26

BARRY J. RICHARDS, Plaintiff and Respondent, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

December 16, 1976.

Attorney(s) appearing for the Case

COUNSEL

MacDonald, Halsted & Laybourne and Peter Brown Dolan for Defendants and Appellants.

Bodle, Fogel, Julber, Reinhardt & Rothschild and Joel N. Klevens for Plaintiff and Respondent.

OPINION

KAUS, P.J.

Plaintiff Barry J. Richards filed a breach of contract action against defendants Merrill Lynch, Pierce, Fenner & Smith, Inc., and several employees (hereinafter, Merrill Lynch) involving an alleged breach of a margin agreement. Merrill Lynch moved to stay the proceedings and petitioned the court for an order compelling arbitration. The motion and petition were denied on the ground that the agreement on which...

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