ARKOOSH v. DEAN WITTER & CO., INC.

No. 77-1743.

571 F.2d 437 (1978)

Fred G. ARKOOSH, Sr., Appellant, v. DEAN WITTER & CO., INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1978.

Rehearing and Rehearing Denied March 28, 1978.


Attorney(s) appearing for the Case

Richard J. Pedersen, Omaha, Neb. (argued), Gerald P. Laughlin of Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, Neb., on brief, for appellant.

Eugene L. Pieper, Omaha, Neb. (argued), and Maureen Fitzgerald of Thompson, Crounse & Pieper, Omaha, Neb., on brief, for appellee.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 28, 1978.

PER CURIAM.

Fred G. Arkoosh, a purchaser on the commodity futures market, brought this action in state court against his broker, Dean Witter & Co., Inc., seeking to recover damages for the alleged wrongful liquidation of the plaintiff's contracts by the defendant. The defendant removed the action to federal court on the basis of diversity jurisdiction. The defendant then moved for a stay of the proceedings...

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