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MERRILL LYNCH, PIERCE, FENNER & SMITH v. SALVANO

No. 92-3854.

999 F.2d 211 (1993)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, a Delaware Corporation, Plaintiff-Appellee, v. Lawrence E. SALVANO and James B. Coon, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1993.

Attorney(s) appearing for the Case

Marsha Levick, Rubin & Associates, Pennsylvania, PA (argued), Peter A. Cantwell, Stephen F. Boulton, Peter A. Gaido, Cantwell & Cantwell, Chicago, IL, for plaintiff-appellee.

Ronald P. Kane (argued), Steven P. Gomberg, Michael A. Kraft, Diane C. Fischer, Siegan, Barbakoff & Gomberg, Chicago, IL, for defendants-appellants.

Before CUDAHY and MANION, Circuit Judges, and TIMBERS, Senior Circuit Judge.

CUDAHY, Circuit Judge.

The defendants left the plaintiff's employ to work for a competitor, demanding that any disputes regarding client lists and solicitation be resolved in arbitration pursuant to an arbitration agreement. The New York Supreme Court compelled expedited arbitration and empaneled three arbitrators and arbitration commenced. Meanwhile, the plaintiff asserted claims against the defendants in this separate action for breach of contract and misappropriation...

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