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FRASER v. MERRILL LYNCH PIERCE, FENNER & SMITH, INC.

No. 86-2091.

817 F.2d 250 (1987)

William C. FRASER, Plaintiff-Appellee, v. MERRILL LYNCH PIERCE, FENNER & SMITH, INC.; Franklyn C. Shulman; Allan G. Kenzie, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1987.

Rehearing and Rehearing Denied July 14, 1987.

Attorney(s) appearing for the Case

G. Randall Whittenberger (David F. Albright, Harry M. Rifkin, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for defendants-appellants.

Bruce Gregory Harris (Paul M. Vettori, Frank, Bernstein, Conaway & Goldman), Baltimore, Md., for plaintiff-appellee.

Before WIDENER and HALL, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied July 14, 1987.

SPENCER, District Judge:

This is an interlocutory appeal from the denial of a motion to compel arbitration, over which we have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). See Garner Lumber Co. v. Randolph E. Valensi, Lange, Inc., 513 F.2d 1171 (4th Cir.1975). The district court denied this motion on the grounds that Merrill Lynch had waived arbitration...

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