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VAN NESS TOWNHOUSES v. MAR INDUSTRIES CORP.

No. 87-6710.

862 F.2d 754 (1988)

VAN NESS TOWNHOUSES, Edward A. Shay; Ai O. Shay, et al., Plaintiffs-Appellants, v. MAR INDUSTRIES CORP., et al.; Shearson Lehman Brothers, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1988.

As Amended January 24, 1989.

Attorney(s) appearing for the Case

Daniel Fogel and Robert M. Turner, Fogel, Feldman, Ostrov, Ringler & Klevens, Los Angeles, Cal., for plaintiffs-appellants.

Paul Waldau and Robert D. Feighner, Keesal, Young & Logan, Long Beach, Cal., for defendants-appellees.

Before FLETCHER, CANBY, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Van Ness Townhouses, Shay Trustees Edward A. Shay and Ai O. Shay, and Donald A. Haun ("the appellants") appeal the district court's order compelling them to arbitrate their federal securities claims and their civil RICO and pendent state law claims. We reverse.

FACTS AND PROCEEDINGS

This action arises from real estate transactions in which the appellants agreed to sell condominium units or real property to Mar Industries...

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