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RUSH v. OPPENHEIMER & CO.

No. 22, Docket No. 85-7335.

779 F.2d 885 (1985)

R. Stockton RUSH, III, Plaintiff-Appellee, v. OPPENHEIMER & CO., and Scott Seskis, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 20, 1985.

Attorney(s) appearing for the Case

Martin R. Gold, New York City (Gold, Farrell & Marks, Robert P. Mulvey, Beth M. Schillinger, of counsel), for Defendants-Appellants Oppenheimer & Co., Inc. and Scott Seskis.

Christopher Lovell, New York City (Lovell & Stewart, Victor E. Stewart, of counsel), for Plaintiff-Appellee R. Stockton Rush, III.

Before MANSFIELD, PIERCE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Claiming unauthorized trading in his brokerage investment account, R. Stockton Rush, III brought this action against Oppenheimer & Co., Inc. and Scott Seskis, in which he alleged federal securities, RICO, and pendent common law claims. After approximately eight months of pretrial proceedings in the district court, defendants moved to sever the common law claim and to compel its arbitration. The United States District Court for the...

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