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MARCHESE v. SHEARSON HAYDEN STONE, INC.

Nos. 83-6013, 83-6014.

734 F.2d 414 (1984)

Dominic MARCHESE, Plaintiff-Appellant, v. SHEARSON HAYDEN STONE, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1984.

Attorney(s) appearing for the Case

David Daar, Miller & Daar, P.C., Beverly Hills, Cal., for plaintiff-appellant.

J. Stephen Young, Keesal, Young & Logan, Long Beach, Cal., Willkie, Farr & Gallagher, Armando T. Belly, Brian E. O'Connor, Martha B. Dietz, New York City, for defendant-appellee.

Before CHAMBERS, TANG, and SKOPIL, Circuit Judges.

SKOPIL, Circuit Judge:

This case concerns two separate district court actions that have been consolidated on appeal. We are again "confronted with the competing tensions of access to the courts and arbitration." Amaro v. Continental Can Co., 724 F.2d 747, 748 (9th Cir.1984). At the outset we must decide if a valid arbitration agreement exists between the parties. If we hold such an agreement exists, we must then decide: (1...

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