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

No. 87-1406.

841 F.2d 508 (1988)

Milton L. OSTERNECK v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and William Lampe, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 9, 1988.

Attorney(s) appearing for the Case

C. Clark Hodgson, Jr., John J. Murphy, III, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant, Merrill Lynch, Pierce, Fenner & Smith, Inc.

Edward C. Toole, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellant, William Lampe.

Steven H. Lupin, Linda Carol Post, Hamburg, Rubin, Mullin & Maxwell, Lansdale, Pa., for appellee.

Before SLOVITER and COWEN, Circuit Judges, and DEBEVOISE, District Judge.

Submitted Under Third Circuit Rule 12(6), December 14, 1987.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The question on appeal is whether a claim may be maintained for violation of the Pennsylvania Securities Act notwithstanding an agreement to submit such claims to arbitration. The district court refused to submit to arbitration a claim of violation of the Pennsylvania Securities Act because it construed...

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