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CANCANON v. SMITH BARNEY, HARRIS, UPHAM & CO.

No. 85-5579. Non-Argument Calendar.

805 F.2d 998 (1986)

Jose Miguel Rojas CANCANON and Elizabeth Ponce Luzardo, his wife, Plaintiffs-Appellees, Cross-Appellants, v. SMITH BARNEY, HARRIS, UPHAM & COMPANY, a foreign corporation for profit, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 10, 1986.

Attorney(s) appearing for the Case

O'Bannon M. Cook, Ruden Barnett McClosky, Schuster & Russell, P.A., Tallahassee, Fla., for defendants-appellants, cross-appellees.

H. Mark Vieth, Proenza, White, Huck & Suarez, P.A., Miami, Fla., for plaintiffs-appellees, cross-appellants.

Before GODBOLD, VANCE and JOHNSON, Circuit Judges.

PER CURIAM:

This is an appeal from an order denying arbitration on a claim brought pursuant to § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, and compelling arbitration of state law claims of negligence, civil theft and fraud. All claims involve alleged misrepresentation and "churning" in connection with a securities account.

Smith Barney moved to compel arbitration of both the 10b-5 claim and the state...

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