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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. LAUER

No. 94-2297.

49 F.3d 323 (1995)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and Patrick Palella, Plaintiffs-Appellees, v. Peter H. LAUER and Therese A. Lauer, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 1, 1995.

Rehearing Denied April 4, 1995.

Attorney(s) appearing for the Case

Peter A. Cantwell (argued), Stephen F. Boulton, Thomas A. Lidbury, John S. Burke, Cantwell & Cantwell, Chicago, IL, for Merrill Lynch, Pierce, Fenner & Smith, Inc.

Christopher J. Barber (argued), William T. McCartan, Christopher C. Kendall, Coffield, Ungaretti & Harris, Chicago, IL, for Patrick Palella.

David A. Shaneyfelt, Bruce J. Van Heukelem (argued), Hoogendoorn, Talbot, Davids & Godfrey, Chicago, IL, for Peter H. Lauer, Therese A. Lauer.

Before CUMMINGS and KANNE, Circuit Judges, and GRANT, District Judge.

CUMMINGS, Circuit Judge.

This appeal concerns an arbitration currently pending in Florida and a court proceeding in the Northern District of Illinois that dramatically influenced the arbitration's potential course. Responding to a motion from plaintiffs Merrill Lynch, Pierce, Fenner & Smith ("Merrill Lynch") and account broker Patrick Palella ("Palella") (plaintiffs referred to collectively as "Merrill Lynch"), the district judge entered an order compelling the...

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