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McCONNELL v. MERRILL LYNCH, PIERCE, FENNER

Docket No. 57160.

105 Cal.App.3d 946 (1980)

164 Cal. Rptr. 751

JOHN A. McCONNELL et al., Plaintiffs and Respondents, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant and Appellant.

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

May 20, 1980.

Attorney(s) appearing for the Case

COUNSEL

MacDonald, Halsted & Laybourne and Joel Mark for Defendant and Appellant.

Jack D. Scott and Marcus Crahan, Jr., for Plaintiffs and Respondents.

OPINION

HASTINGS, J.

The principal issue on this appeal is whether the trial court correctly determined that defendant and appellant, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) had waived its right to arbitration.

The original complaint was filed by John and Marguerite McConnell (McConnells). The complaint was a class action suit brought on behalf of margin account customers of Merrill Lynch "who were...

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