WOTKYNS v. D.E. JONES COMMODITIES, INC.

No. 84-6363.

791 F.2d 749 (1986)

Andrew J. WOTKYNS, Plaintiff/Appellant, v. D.E. JONES COMMODITIES, INC., Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1986.


Attorney(s) appearing for the Case

John Miller, Wilse, Circuit & Tremblay, La Jolla, Cal., for plaintiff/appellant.

H. Peter Haveles, Jr., Bella Buckley, Cadwalader, Wickersham & Taft, New York City, for defendant/appellee.

Before BROWNING, Chief Judge, WIGGINS and BRUNETTI, Circuit Judges.


PER CURIAM:

Appellant Wotkyns brought an action in district court alleging appellee D.E. Jones Commodities, Inc. violated the Commodity Exchange Act, 7 U.S.C. §§ 1-24 (1982), in handling appellant's commodities account. Appellee moved for a stay pending arbitration pursuant to the contract between appellant and appellee governing the account. The district court granted a stay. Appellant contends the stay was improper because the "consent to arbitration"...

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