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CLARK v. BEAR STEARNS & CO., INC.

No. 91-55263.

966 F.2d 1318 (1992)

Isabel CLARK, Plaintiff-Appellee, v. BEAR STEARNS & CO., INC., a Delaware corporation; Morgan Olmstead, Kennedy & Gardner Incorporated, a California corporation; Gary Hankins, an individual; and Does 1 through 50, inclusive, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1992.

Attorney(s) appearing for the Case

Stephen Young, Keesal, Young & Logan, Long Beach, Cal., for defendants-appellants.

John Hiskamp, Duke, Gerstel, Shearer & Bregante, San Diego, Cal., for plaintiff-appellee.

Before: ALARCON, BEEZER and RYMER, Circuit Judges.

BEEZER, Circuit Judge:

An arbitration panel dismissed state negligence and fraud claims brought against Bear Stearns & Co., Inc., as part of Isabel Clark's securities action. The district court concluded that the dismissal did not have preclusive effect on Clark's federal claims under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5. The court denied the defendants' motion for summary judgment. Bear Stearns & Co...

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