ROSTAD & ROSTAD CORP. v. INVESTMENT MGMT. & RESEARCH, INC.

Nos. 89-35014, 89-35064.

923 F.2d 694 (1991)

ROSTAD AND ROSTAD CORPORATION, Plaintiff-Appellee, v. INVESTMENT MANAGEMENT & RESEARCH, INC., et al., Defendants-Appellants. ROSTAD AND ROSTAD CORPORATION, Plaintiff-Appellant, v. INVESTMENT MANAGEMENT & RESEARCH, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1991.


Attorney(s) appearing for the Case

John R. Kiefner, Jr., and Clifford J. Hunt, Ridden and Earle, St. Petersburg, Fla., for defendant-appellant-cross-appellee Investment Management & Research.

Stephen D. Bell, and Robert L. Sterup, Dorsey & Whitney, Billings, Mont., for plaintiff-appellee-cross-appellant.

Before GOODWIN, Chief Judge, WRIGHT and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

Rostad and Rostad Corporation (R & R), a Montana Subchapter S corporation, brought suit against Investment Management and Research, Inc. (IM & R), a Florida Corporation, alleging broker fraud, negligence, breach of contract, breach of an implied covenant of good faith and fair dealing, and breach of fiduciary duty in violation of both state and federal securities laws. Pursuant to an arbitration agreement that IM & R had asked R...

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