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MERRILL LYNCH, PIERCE, FENNER & SMITH v. HOVEY

No. 83-2231.

726 F.2d 1286 (1984)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee, v. Ivan HOVEY, Richard Kadry, Bruce Markey and Lynn Erickson, Appellants. Mary WICHMANN, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Stephen W. Plambeck, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N.D., Jerry Raskas, Raskas, Ruthmeyer, Pomerantz & Wayne, St. Louis, Mo., Thomas F. Curnin, Thomas J. Kavaler, Joel E. Davidson, Kathy M. Silberthau, Cahill, Gordon & Reindel, P.C., New York City, for appellants.

John J. Cole, Edwin L. Noel, Catherine D. Perry, St. Louis, Mo., for appellee; Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., Gjevre, McLarnan, Hannaher, Vaa, Skatvold & McLarnan, Moorhead, Minn., of counsel.

Before LAY, Chief Judge, FAGG, Circuit Judge, and NICHOL, Senior District Judge.

LAY, Chief Judge.

Merrill Lynch, Pierce, Fenner & Smith, Inc. sought injunctive relief against five former employees to prevent their use of Merrill Lynch's records and their solicitation of Merrill Lynch clients. The employees counterclaimed seeking to compel arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-4 (1982). The district court granted injunctive relief1 and refused to submit the dispute to arbitration...

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