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MERRILL LYNCH, PIERCE, FENNER & SMITH v. BOBKER

No. 178, Docket 86-7513.

808 F.2d 930 (1986)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Petitioner-Appellee, v. Jack BOBKER, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 23, 1986.

Attorney(s) appearing for the Case

Robert Goldstein, Mount Vernon, N.Y. (D'Andrea & Goldstein, Mount Vernon, N.Y., of counsel), for respondent-appellant.

Philip M. Mandel, New York City (Mandel, Wiener & Block, New York City, of counsel), for petitioner-appellee.

Before MANSFIELD, MESKILL and MINER, Circuit Judges.

MANSFIELD, Circuit Judge:

Jack Bobker ("Bobker") appeals from an order of the Southern District of New York, Edward Weinfeld, J., setting aside an arbitration award of $12,500 in his favor against Merrill Lynch Pierce Fenner & Smith, Inc. ("Merrill Lynch"). The award, based on Merrill Lynch's cancellation of a short sale of 2,000 shares of Phillips Petroleum Company ("Phillips") made on Bobker's behalf, was set aside as being in "manifest disregard of the law...

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