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AYERS v. PRUDENTIAL-BACHE SECURITIES

No. 86CA0606.

762 P.2d 743 (1988)

Donald O. AYERS and Irene E. Ayers, Plaintiffs-Appellees, v. PRUDENTIAL-BACHE SECURITIES, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 7, 1988.

Certiorari Denied October 31, 1988.

Attorney(s) appearing for the Case

A.A. Lee Hegner, Denver, for plaintiffs-appellees.

Roath and Brega, P.C., Stuart N. Bennett, Gregory C. Tevis, Mark J. Appleton, Denver, for defendant-appellant.

SMITH, Judge.

Prudential-Bache Securities, Inc., (Prudential) appeals the district court's order which denied its motion to compel arbitration of plaintiffs' claims of fraud, breach of fidiciary duty, and outrageous conduct with respect to Prudential's handling of their brokerage account. The trial court based its ruling on the premise that the right to a court proceeding is a fundamental right which can only be waived knowingly...

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