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BADART v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 85-6144.

797 F.2d 775 (1986)

Egon L. BADART and Patra L. Badart, Plaintiffs-Appellees, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; Steven Kerstein; and Jack Queen, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred July 18, 1986.

Resubmitted August 18, 1986.

Decided August 18, 1986.

Attorney(s) appearing for the Case

Sandra L. Malek, Los Angeles, Cal., for plaintiffs-appellees.

Maren E. Nelson, Los Angeles, Cal., for defendants-appellants.

Before CANBY, REINHARDT and NOONAN, Circuit Judges.

PER CURIAM:

This is another in a series of recent cases exploring the arbitrability of federal securities claims following the Supreme Court's decision last year in Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985).

In November 1981, the Badarts opened a securities account with Merrill Lynch at its Pasadena, California, office. At that time, the Badarts signed Merrill Lynch's standard...

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