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IN RE Y & A GROUP SECURITIES LITIGATION

No. 93-3950.

38 F.3d 380 (1994)

In re Y & A GROUP SECURITIES LITIGATION. Don EWART; Edwin Handley, Sr.; Dolly Rowe; William R. Hershey; Forrest L. Sayer; Donald J. Sengstaken, Plaintiffs, Dean Witter Reynolds, Inc.; Nancy A. Nail; Michael R. Vandiver, Intervenors/Appellees, Smith, Barney, Shearson, Inc.; Larry McKenney, Intervenors, v. Y & A GROUP, INC.; Malcolm Cheek; Stephen C. Spencer; D. Ralph Young; J. Michael Bodnar; Carl R. Lovitt; Robert W. Zak, Jr.; James P. Rose, Defendants, Neil A. Valk, Objector/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1994.

Rehearing and Suggestion for Rehearing Denied December 28, 1994.

Attorney(s) appearing for the Case

Kalju Nekvasil, Safety Harbor, FL, argued, for appellant.

Gregory J. Kelly, Orlando, FL, argued (Robert B. Nadeau, Gregory J. Kelly and Nancy A. Nail, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 28, 1994.

WOLLMAN, Circuit Judge.

Neil A. Valk appeals the district court's1 order preliminarily enjoining Valk's arbitration action against Dean Witter Reynolds, Inc., et al. (Dean Witter). The court held that an earlier federal consent judgment is likely to have precluded Valk's arbitration claim against Dean Witter. We affirm.

I

Valk, an...

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