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LISKEY v. OPPENHEIMER & CO., INC.

Nos. 82-1118, 82-1159.

717 F.2d 314 (1983)

John R. LISKEY, Plaintiff-Appellee, Cross-Appellant, v. OPPENHEIMER & CO., INC., and Warren K. Hayes, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

September 21, 1983.

Attorney(s) appearing for the Case

Thomas G. Parachini, Brown, Colman & DeMent, Kalamazoo, Mich., James E. Beckley (argued), Mary E. Keefe, J. David Montague, Chicago, Ill., for defendants-appellants, cross-appellee.

Gary P. Schenk, Ward, Schenk & Boncher, William P. Hodgkins, Jr., Grand Rapids, Mich., John R. Liskey (argued), Lansing, Mich., for plaintiff-appellee, cross-appellant.

Before MERRITT and MARTIN, Circuit Judges, and PORTER, Senior District Judge.

DAVID S. PORTER, Senior District Judge.

This "churning" case presents the problem of what a court should do where arbitrable claims are joined with non-arbitrable claims. The district court denied defendants' motion to sever Counts III through VIII of plaintiff's complaint, which allege violations of stock exchange and association rules as well as state and common law, and compel arbitration of those claims following judicial...

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