No. 2 CA-CV 96-0245.

188 Ariz. 74 (1996)

932 P.2d 1345

In the Matter of the NOEL R. SHAHAN IRREVOCABLE AND INTER VIVOS TRUST. Noel R. SHAHAN, Petitioner/Appellant, v. Larry P. STALEY and Kathy Staley, husband and wife, Respondents/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Redesignated as Opinion and Publication Ordered February 5, 1997.

Attorney(s) appearing for the Case

Byrnes & Himelrick, P.L.L.C. by Richard G. Himelrick, Scottsdale, and Michael Salcido, P.C. by Michael Salcido, Scottsdale, for Petitioner/Appellant.

Fennemore Craig, P.C. by Roger T. Hargrove and Mark H. Brain, Phoenix, for Respondents/Appellees.


DRUKE, Chief Judge.

Noel Shahan, a trust beneficiary, appeals from the trial court's order denying his motion to compel arbitration with Larry Staley, a securities broker registered with the National Association of Securities Dealers ("NASD"). Shahan argues that the broker is subject to arbitration under the NASD Code of Arbitration Procedure ("the Code"). Staley counters that he has no obligation to arbitrate with Shahan, chiefly...

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