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McPHEETERS v. McGINN, SMITH AND CO., INC.

No. 542, Docket No. 91-7719.

953 F.2d 771 (1992)

Thomas S. McPHEETERS, III, Plaintiff-Appellee, v. McGINN, SMITH AND COMPANY, INC.; Robert O. O'Farrell; and David Smith, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Michael J. Smith, Carol Gerster Carter, Roemer & Featherstonhaugh, P.C., Albany, N.Y., for defendants-appellants.

Leslie F. Couch, Couch, White, Brenner, Howard & Feigenbaum, Albany, N.Y., for plaintiff-appellee.

Before TIMBERS, PIERCE and WALKER, Circuit Judges.

PER CURIAM.

McGinn, Smith and Co., Robert O. O'Farrell, and David Smith, defendant-appellants ("McGinn, Smith"), appeal from an order of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge), dated June 28, 1991, denying McGinn, Smith's motion to compel arbitration.

In August of 1987, plaintiff-appellee Thomas S. McPheeters ("McPheeters") became a customer of McGinn...

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