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DOWNING v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 305, Docket 83-7710.

725 F.2d 192 (1984)

William Cary DOWNING, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 9, 1984.

Attorney(s) appearing for the Case

Thomas F. Curnin, New York City (Cahill, Gordon & Reindel, Thomas J. Kavaler, Joel E. Davidson and Kathy M. Silberthau, New York City, of counsel), for plaintiff-appellant William Cary Downing.

Roger J. Hawke, New York City (Brown, Wood, Ivey, Mitchell & Petty, L. Markus Wiltshire, New York City, of counsel), for defendant-appellee Merrill Lynch, Pierce, Fenner & Smith, Inc.

Before MANSFIELD, KEARSE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

William Cary Downing appeals from an order of the United States District Court for the Southern District of New York (Gerard L. Goettel, Judge) denying his motions to compel arbitration, to stay this action pending that arbitration and to enjoin the defendant from commencing parallel actions. We affirm and remand for further proceedings consistent with this opinion.

BACKGROUND

In February, 1982, Downing was hired by Merrill...

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