BIRD v. SHEARSON LEHMAN/AMERICAN EXP., INC.

No. 498, Docket 88-7704.

871 F.2d 292 (1989)

Frank L. BIRD, Trustee of the Frank L. Bird Profit Sharing Trust, Frank L. Bird, Individually, and Joan Shea, Plaintiffs-Appellees, v. SHEARSON LEHMAN/AMERICAN EXPRESS, INC., and Raymond R. Clements, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 28, 1989.


Attorney(s) appearing for the Case

Donald R. Holtman, Hartford, Conn. (Lester A. Katz, Katz & Seligman, Hartford, Conn., of counsel), for plaintiffs-appellees.

Jeffrey L. Friedman, New York City (Theodore A. Krebsbach, Shearson Lehman Hutton Inc., Office of the General Counsel, New York City, of counsel), for defendants-appellants.

Before KAUFMAN, TIMBERS, and CARDAMONE, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

We are asked to determine whether a statutory claim created by the Employee Retirement Income Security Act (ERISA) is subject to compulsory arbitration. Because Congress envisioned a judicial forum, particularly a federal court, as the central arena for implementing ERISA's underlying purpose — providing maximum protection to pension plan participants and beneficiaries — we hold that statutory ERISA claims are not compulsorily...

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