MERRILL LYNCH v. DISTRICT CT. CITY & CTY. DENVER

No. 83SA343.

672 P.2d 1015 (1983)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware corporation, Petitioner, v. The DISTRICT COURT In and For the CITY AND COUNTY OF DENVER, State of Colorado, and the Honorable Clifton A. Flowers, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 5, 1983.


Attorney(s) appearing for the Case

Weinshienk, Miller, Borus & Permut, James L. Kurtz-Phelan, H. Michael Miller, Denver, for petitioner.

Roath & Brega, P.C., Charles F. Brega, Stuart N. Bennett, Denver, for respondents.


ERICKSON, Chief Justice.

This original proceeding seeks relief in the nature of mandamus. C.A.R. 21. The issue presented is whether the district court has the authority to grant preliminary injunctive relief to maintain the status quo in order to preserve the underlying dispute for arbitration. We issued a rule to show cause and now make the rule absolute.

I.

On May 4, 1981, defendant, Douglas M. Reilly (Reilly), in consideration of his being employed...

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