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PHILLIPS v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 85-5156.

795 F.2d 1393 (1986)

Louis L. PHILLIPS and L.L. Phillips Charities, Inc., Appellees, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and Ben M. Sirianni, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1986.

Attorney(s) appearing for the Case

James Vessey, Minneapolis, Minn., for appellant.

Terence M. Fruth, Minneapolis, Minn., for appellee.

Before ROSS, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

Merrill Lynch, Pierce, Fenner & Smith, Inc. and Ben M. Sirianni appeal from a district court order denying their motion to compel arbitration of claims arising under section 10(b) of the Securities Exchange Act of 1934 (1934 Act), 15 U.S.C. § 78j(b) (1982), and Rule 10b-5 of the Securities Exchange Commission, 17 C.F.R. § 240.10b-5 (1985). For the reasons discussed below, we reverse the order of the district court and remand...

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