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DE LANCIE v. BIRR, WILSON & CO.

No. 79-4355.

648 F.2d 1255 (1981)

Richard DE LANCIE, Plaintiff-Appellant, v. BIRR, WILSON & CO., a California Corporation, Brian Newman, and Don Mayo, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1981.

Attorney(s) appearing for the Case

William H. Bachrach, Oakland, Cal., for plaintiff-appellant.

James S. Barber, Chicago, Ill., argued for defendants-appellees; Edward Fisch, Birr, Wilson & Co., R. Stewart Baird, Jr., Bronson, Bronson & McKinnon, San Francisco, Cal., Arvey, Hodes, Costello & Burman, Chicago, Ill., on brief.

Before SNEED, TANG and NORRIS, Circuit Judges.

TANG, Circuit Judge.

Richard De Lancie appeals from the district court's order staying his securities fraud action pending arbitration of the dispute. The major question is whether De Lancie is bound under Pacific Stock Exchange (PSE) rules to arbitrate his federal claims because defendant Birr, Wilson & Co. (Birr Wilson) is a PSE member and De Lancie became an associated person of that Exchange during the period in which the alleged securities violations were...

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