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IN RE PIPER FUNDS, INC.

No. 95-1925.

71 F.3d 298 (1995)

In re PIPER FUNDS, INC., INSTITUTIONAL GOVERNMENT INCOME PORTFOLIO LITIGATION. Richard J. RODNEY, Jr., et al., Plaintiffs-Appellees, v. PIPER CAPITAL MANAGEMENT, INC.; Piper Funds, Inc. Institutional Government Income Portfolio; Piper Jaffray, Inc.; Piper Jaffray Companies Inc.; William H. Ellis; Edward J. Kohler, Defendants-Appellees, Park Nicollet Medical Foundation, Objector-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1995.

Attorney(s) appearing for the Case

Gregory Lee Wilmes, Minneapolis, Minnesota, argued (Mark J. Briol, on the brief), for appellant.

Gregg M. Fishbein, Minneapolis, Minnesota, argued (George F. McGunnigle, Lawrence J. Field, Catherine McEnroe, Michael A. Nekich, Theodore Altman, Michael Reuben, on the brief; Richard A. Lockridge, on the brief for appellee class), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, WHITE, Associate Justice (Ret.), and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

Park Nicollet Medical Foundation, an unwilling member of a settlement class in this securities fraud class action, wishes to arbitrate its claim against investment adviser Piper Capital Management Incorporated.1 Park Nicollet appeals district court orders enjoining arbitration until the court permits Park Nicollet to opt out of the class, and denying its motion to stay the class action pending arbitration. Concluding...

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