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

No. 894, Docket 89-9010.

910 F.2d 1049 (1990)

Stephen BLUMENTHAL and Les Fein, Plaintiffs-Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 8, 1990.

Attorney(s) appearing for the Case

Thomas J. Kavaler, New York City (Thomas M. Campbell, Phillip C. Essig, Robert J. Rubinson, Cahill Gordon & Reindel, New York City, of counsel), for plaintiffs-appellants.

Thomas T. Loder, Paoli, Pa. (Gregory S. Rubin, Marsha L. Levick, Rubin & Associates, Paoli, Pa., of counsel), for defendant-appellee.

Before OAKES, Chief Judge, WALKER, Circuit Judge, and BILLINGS, District Judge.

WALKER, Circuit Judge:

Plaintiffs Stephen Blumenthal and Les Fein appeal from a judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge) denying their motion to recover damages for a wrongful injunction and to forfeit the bond posted by defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch). We hold that the district court had jurisdiction to enjoin plaintiffs pending arbitration, but that when the...

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