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JESKE v. BROOKS

Nos. 86-2146, 86-2167, 87-2047 and 87-2048.

875 F.2d 71 (1989)

Herbert A. JESKE, Plaintiff-Appellee, v. George E. BROOKS; Robinson-Humphrey Company, Inc.; Shearson Lehman Brothers, Inc., Defendants-Appellants (Two Cases). Herbert A. JESKE, Plaintiff-Appellant, v. George E. BROOKS; Robinson-Humphrey Company, Inc.; Shearson Lehman Brothers, Inc., Defendants-Appellees (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Randel Eugene Phillips (James P. McLoughlin, Jr., Moore & Van Allen, Charlotte, N.C., Theodore A. Krebsbach, Jeffrey L. Friedman, Mary E. Reisert, Shearson Lehman Hutton, Inc., on brief), for defendants-appellants.

David L. Terry (Ernest W. Machen, Jr., Paul B. Taylor, Blakeney, Alexander & Machen, Charlotte, N.C., on brief), for plaintiff-appellee.

Before HALL, MURNAGHAN and WILKINS, Circuit Judges.

MURNAGHAN, Circuit Judge:

We are called upon to decide two issues: (1) whether the district court erred in refusing to order arbitration of federal claims under the Securities Act of 1933 ("Securities Act"), the Securities Exchange Act of 1934 ("Exchange Act"), and the Racketeer Influenced and Corrupt Organization Act ("RICO"), and (2) whether the district court erred in compelling arbitration of various state law claims. We conclude that the district court should...

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