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BITKOWSKI v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 86-1839.

866 F.2d 821 (1987)

Eunice K. BITKOWSKI and Suzanne E. Bitkowski, Paul E. Bitkowski, Sheri E. Bitkowski, Jason A. Bitkowski, Angela S. Bitkowski and Lauri A. Bitkowski, by and on behalf of themselves individually, or by Eunice K. Bitkowski, on their behalf, Plaintiffs-Appellees, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Thomas H. Henson and Russell G. Mann, Jr., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 9, 1987.

Attorney(s) appearing for the Case

Jack Mazzara, Butzel, Keidan, Simon, Myers & Graham, Douglas G. Graham, Rosemary G. Schikora, Bruce L. Sendek (argued), Detroit, Mich., for defendants-appellants.

Nelson Chase (argued), West Bloomfield, Mich., Christopher Lovell, New York City, for plaintiffs-appellees.

Before ENGEL and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

PER CURIAM.

Defendant-appellant Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") appeals from a district court order which denied Merrill Lynch's motion to compel arbitration of a controversy with its customer, plaintiff-appellee Eunice Bitkowski, pursuant to an arbitration provision in a customer agreement signed by Bitkowski. For the reasons stated herein, we reverse the district court's order.

In October 1981 Bitkowski opened seven accounts...

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