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McMAHON v. SHEARSON/AMERICAN EXP., INC.

Nos. 806, 894, Dockets 85-7844, 85-7846.

788 F.2d 94 (1986)

Eugene McMAHON, Julia McMahon, individually and as Trustees of the David J. Hodder & Son, Inc. Employee Pension Plan; the David J. Hodder & Son Inc. Profit Sharing Plan; the Laurie Funeral Home, Inc. Employee Pension Plan; the Laurie Funeral Home Profit Sharing Plan, Plaintiffs-Appellants-Cross-Appellees, v. SHEARSON/AMERICAN EXPRESS, INC., and Mary Ann McNulty, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 16, 1986.

Attorney(s) appearing for the Case

Theodore G. Eppenstein, New York City (Madelaine Eppenstein, and Eppenstein & Eppenstein, New York City, on the brief), for plaintiffs-appellants-cross-appellees.

Theodore A. Krebsbach, New York City (Harry D. Frisch and Shearson Lehman Brothers Inc., New York City, on the brief), for defendants-appellees-cross-appellants.

William J. Fitzpatrick and Gerard J. Quinn, New York City, submitted a brief for the Securities Industry Ass'n, Inc., amicus curiae.

Before FEINBERG, Chief Judge, and TIMBERS and NEWMAN, Circuit Judges.

TIMBERS, Circuit Judge:

Eugene McMahon and Julia A. McMahon ("appellants"), individually and as trustees for various pension and profit-sharing plans, appeal from that part of an order entered September 25, 1985 in the Southern District of New York, Lloyd F. MacMahon, District Judge, 618 F.Supp. 384, which required appellants to arbitrate their claims against Shearson/American Express, Inc. and its registered representative...

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