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McMAHON v. SHEARSON/AMERICAN EXP., INC.

84 Civ. 3331 (LFM).

618 F.Supp. 384 (1985)

Eugene McMAHON and Julia McMahon, individually and as Trustees of The David J. Hodder & Son, Inc. Employee Pension Plan; The David J. Hodder & Son, Inc. Profit Sharing Plan; The Laurie Funeral Home, Inc. Employee Pension Plan; The Laurie Funeral Home Profit Sharing Plan, Plaintiffs, v. SHEARSON/AMERICAN EXPRESS, INC. and Mary Ann McNulty, Defendants.

United States District Court, S.D. New York.

September 25, 1985.

Attorney(s) appearing for the Case

Cohn & Blau by Frederick H. Cohn, New York City, for plaintiffs.

Theodore A. Kresbach and Harry D. Frisch, Shearson Lehman Brothers, Inc., New York City, for defendants.

OPINION

MacMAHON, District Judge.

Defendants move, pursuant to 9 U.S.C. § 3 (1970), for an order staying this action pending arbitration, or, in the alternative, pursuant to Rules 12(b)(6), 12(f) and 9(b), Fed.R.Civ.P., for an order dismissing plaintiffs' amended complaint for failure to state a claim upon which relief can be granted.

FACTS

This is an action brought by plaintiffs, Eugene and Julia A. McMahon, individually and as trustees...

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