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

No. 76-2274.

558 F.2d 831 (1977)

Henry and Elaine WEISSBUCH, Plaintiffs-Appellees, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 1977.

Attorney(s) appearing for the Case

Peter R. Sonderby, William E. Snyder, Chicago, Ill., for defendant-appellant.

Eugene L. Resnick, Stephen E. Smith, Chicago, Ill., for plaintiffs-appellees.

Before FAIRCHILD and TONE, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

We are faced in this case with the matter of deciding what affect an arbitration clause in an agreement has upon a claim for relief under S.E.C. Rule 10b-5. The litigation arises from the decision of Plaintiff Henry Weissbuch to open a trading account and participate in Merrill Lynch's Money Management Option Program. Paragraph 5 of the Standard Option Agreement signed by plaintiff specifically provides that:

Any controversy...

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