BASHOR v. BACHE HALSEY STUART SHIELDS

No. 86CA1528.

773 P.2d 578 (1988)

Thomas C. BASHOR, Plaintiff-Appellant, v. BACHE HALSEY STUART SHIELDS, INC., n/k/a Prudential-Bache Securities, a Delaware corporation; E.F. Hutton and Company, Inc., a Delaware corporation; and Lawrence Jaro, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 19, 1989.

Certiorari Denied May 15, 1989.


Attorney(s) appearing for the Case

Davis & Ceriani, P.C., Gary J. Ceriani, Michael P. Cillo, Denver, for plaintiff-appellant.

Roath & Brega, P.C., Charles F. Brega, David W. Stark, Penny Rodeen Bertelsen, Denver, for defendant-appellee Prudential-Bache Securities, Inc.

Kutak Rock & Campbell (Deanna E. Hickman, on the brief), Richard S. Bayer, Denver, for defendant-appellee E.F. Hutton & Co. Inc.

Jensen, Byrne, Parsons & Ruh, P.C., James C. Ruh, Denver, for defendant-appellee Lawrence Jaro.


SMITH, Judge.

Thomas C. Bashor appeals the order compelling arbitration of his claims against defendants as well as the order in essence confirming the arbitrator's award. We reverse both orders and remand for a trial on the merits.

Bashor contends that defendants waived their contractual right to arbitration by failing timely to assert such right and by engaging in acts inconsistent with the arbitration clauses. He further asserts that he was prejudiced by...

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