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MERRILL LYNCH, PIERCE, FENNER & SMITH v. MOORE

No 77-1887.

590 F.2d 823 (1978)

In the Matter of the Application of MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. to Compel Arbitration, pursuant to the United States Arbitration Act, Title 9 U.S.C. § 4, Petitioner, v. Milton M. MOORE and Sue Kendall Moore, Respondents. Milton M. MOORE and Sue Kendall Moore, Plaintiffs-Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, and Chuck Buland, an individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 29, 1978.

Rehearing Denied January 24, 1979.

Attorney(s) appearing for the Case

Frank Gregory and Benjamin P. Abney, of Chapel, Wilkinson, Riggs, Abney & Keefer, Tulsa, Okl., for plaintiffs-appellants.

John S. Athens and Douglas L. Inhofe of Conner, Winters, Ballaine, Barry & McGowen, Tulsa, Okl., for defendants-appellees.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The question involved in this case is the enforceability of an arbitration clause in an investment contract entered into by the plaintiffs-appellants, the Moores, with Merrill Lynch, Pierce, Fenner & Smith, Inc. Named as a defendant-appellee is one Chuck Buland, an account executive with the Merrill Lynch organization. The particular stipulation provided that "[a]ny controversy between us arising out of such option transactions...

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