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

No. 88-1247.

844 F.2d 726 (1988)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff-Appellee, v. Connie J. DUTTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 13, 1988.

Attorney(s) appearing for the Case

Gordon D. Gee of Rich, Granoff, Levy & Gee (Ron Bodinson of Shook, Hardy & Bacon, Overland Park, Kan., with him on the brief), Kansas City, Mo., for plaintiff-appellee.

Major W. Park, Jr., of Gage & Tucker (J. Patrick Shepard of Gage & Tucker, Overland Park, Kan., with him on the briefs), Kansas City, Mo., for defendant-appellant.

Before McKAY, ALARCON, and JOHN P. MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal from an order granting injunctive relief to the plaintiff, Merrill Lynch, Pierce, Fenner & Smith, Inc., in an action to enforce an employment contract with a former employee, defendant Connie J. Dutton. Because the contract calls for mandatory arbitration, Ms. Dutton argues the district court's injunctive order violates section 3 of the Federal Arbitration Act, 9 U.S.C. § 3. In light of

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