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McMAHON v. SHEARSON/AMERICAN EXP., INC.

No. 77, Docket 89-7222.

896 F.2d 17 (1990)

Eugene McMAHON & Julia A. McMahon, individually and as Trustees of the David J. Hodder & Son, Inc. Employee Pension Plan, The David J. Hodder & Son, Inc. Profit Sharing Plan, The Laurie Funeral Home, Inc. Employee Pension Plan, The Laurie Funeral Home Profit Sharing Plan, Plaintiffs, Theodore G. Eppenstein, Plaintiff-Appellant, v. SHEARSON/AMERICAN EXPRESS, INC., and Mary Ann McNulty, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Theodore G. Eppenstein (Eppenstein & Eppenstein, Madelaine Eppenstein, of counsel), New York City, for plaintiff-appellant.

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

Before FEINBERG and CARDAMONE, Circuit Judges, and METZNER, District Judge.

CARDAMONE, Circuit Judge:

This appeal is taken by an attorney against whom sanctions were imposed. It arises out of the landmark Supreme Court decision in Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987). There the Court held that a predispute arbitration provision in a broker/investor agreement requires the investor to submit to arbitration any claims arising under the agreement...

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