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HAYS AND CO. v. MERRILL LYNCH

No. 88-1680.

885 F.2d 1149 (1989)

HAYS AND COMPANY, as Trustee for Monge Oil Corporation v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 15, 1989.

Attorney(s) appearing for the Case

C. Clark Hodgson, Jr. (argued), John J. Murphy, III, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant.

Jeffrey Cooper (argued), Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellee.

Before STAPLETON, MANSMANN, and GARTH, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

I.

This is an appeal from an order denying defendant Merrill Lynch's motion to compel arbitration of claims asserted against it by Hays & Co. ("Hays"), the Chapter 11 trustee in bankruptcy for Monge Oil Corporation ("Monge" or "debtor"). Hays' complaint alleges various federal and state securities violations in addition to fraudulent conveyance and constructive trust claims under the trustee's...

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