WHEAT, FIRST SECURITIES, INC. v. GREEN

No. 92-8557.

993 F.2d 814 (1993)

WHEAT, FIRST SECURITIES, INC., Plaintiff-Appellee, v. Ronald G. GREEN, Paul A. Duke, Jean F. Duke, Paul A. Duke, Jr., C. Hunter Tison, Laura D. Tison, Ruth Strickland, Herb Strickland, Paul A. Duke, Trustee for Terri L. Strickland, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 21, 1993.


Attorney(s) appearing for the Case

Sumner & Hewes, Stephen J. Anderson, William E. Sumner, David A. Webster, Atlanta, GA, for defendants-appellants.

Rogers & Hardin, Peter Wayne Schneider, Laura Hightower Robison, Atlanta, GA, for plaintiff-appellee.

Before BLACK and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge.


CARNES, Circuit Judge:

Before us in this appeal is the question of whether a district court or an arbitrator should decide the threshold issue of whether the parties agreed to arbitrate any disputes that arise between them. In the present case, the court properly concluded that this decision was within the province of a court, and not an arbitrator, and also correctly held that the securities fraud claims presented are not subject to arbitration.

Appellants...

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