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TASHEA v. BACHE, HALSEY, STUART, SHIELDS, INC.

Nos. 85-5768, 85-5967.

802 F.2d 1337 (1986)

Jane B. TASHEA, Plaintiff-Appellee, v. BACHE, HALSEY, STUART, SHIELDS, INC., and Gerald Obermayr, Defendants-Appellants Jane B. TASHEA, Plaintiff-Appellee-Cross-Appellant, v. BACHE, HALSEY, STUART, SHIELDS, INC., and Gerald Obermayr, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 21, 1986.

Attorney(s) appearing for the Case

Curtis Carlson, Fowler, White, Burnett, Hurley, Banick & Strickroot, Kathy M. Klock, Miami, Fla., for defendants-appellants.

Allan M. Lerner, Lerner & Harris, P.A., Robert Wayne Pearce, Fort Lauderdale, Fla., for plaintiff-appellee.

Before RONEY, Chief Judge, KRAVITCH, Circuit Judge, and ATKINS, Senior District Judge.

CORRECTED OPINION

PER CURIAM:

In this case, we hold that a civil damage action under the so-called RICO statute, which alleges underlying violations of the federal securities laws, is not subject to compelled arbitration under a pre-claim agreement.

The plaintiff, Jane Tashea, brought this lawsuit alleging that Bache Halsey, Stuart, Shields, Inc. (Bache), a securities broker-dealer, and Gerald Obermayr, a securities salesman employed by Bache, caused...

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