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KIDDER, PEABODY & CO. v. ZINSMEYER PARTNERSHIP

No. 718, Docket 94-7627.

41 F.3d 861 (1994)

KIDDER, PEABODY & CO., INC., Plaintiff-Appellant, v. ZINSMEYER TRUSTS PARTNERSHIP, A Missouri General Partnership, By Andrew Roberts Zinsmeyer dtd 7/27/64, Jeffrey Woods Zinsmeyer Trust dtd 7/27/64, Jeffrey W. Zinsmeyer Trust B dtd 11/29/71, Andrew R. Zinsmeyer Revocable Trust dtd 8/27/82, Mary Jean Zinsmeyer Trust dtd 8/27/82, Andrew Zinsmeyer Trust B dtd 4/15/83, Daniel M. Zinsmeyer Trust B dtd 2/5/85, Amy S. Zinsmeyer Trust dtd 1/19/87, Jonathan Roberts Zinsmeyer Trust B dtd 2/10/89, Daris Zinsmeyer Education Trust dtd 12/22/82 & Jada Partnership General Partners, William J. Reik, Jr., William J. Reik, III & William D. Witter, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Thomas A. Dubbs, New York City, for plaintiff-appellant.

Thomas E. Douglass, St. Louis, MO (Ellen E. Bonacorsi, Coburn & Croft, on the brief) for defendants-appellees.

Before: WINTER, JACOBS and CABRANES, Circuit Judges.

JACOBS, Circuit Judge:

A general partnership composed of several family trusts has commenced two arbitration proceedings alleging the mishandling of its accounts by a brokerage firm. The brokerage firm, Kidder, Peabody & Co., Inc. ("Kidder"), commenced this action seeking a declaration that it breached no duty to the partnership and that it has no duty to arbitrate because the parties crossed out a clause of Kidder's standard-form Customer's Agreement requiring...

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