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COONS v. KIDDER, PEABODY & CO., INC.

No. 82 Civ. 734 (RLC).

539 F.Supp. 1145 (1982)

Richard F. COONS and Julian H. Robertson, Jr., Plaintiffs, v. KIDDER, PEABODY & CO., INC., Defendant.

United States District Court, S. D. New York.

May 26, 1982.

Attorney(s) appearing for the Case

Orans, Elsen & Lupert, New York City, for plaintiffs; Sheldon Elsen, Leslie Lupert, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant; Marvin Schwartz, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Defendant Kidder, Peabody & Co., Inc. ("Kidder") moves to dismiss plaintiffs' complaint pursuant to Rule 12(b)(1), (6), F.R. Civ.P., or, in the alternative, to stay this action pending arbitration of plaintiffs' claims in accordance with Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3. The complaint sets forth three causes of action, one for damages under...

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