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OSLER v. WARE

No. 96-1184.

114 F.3d 91 (1997)

Kenneth OSLER, Plaintiff-Appellant, v. Pamela WARE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1997.

Attorney(s) appearing for the Case

Steve J. Weiss (argued and briefed), Hertz, Schram & Saretzky, Bloomfield Hills, MI, for Petitioner-Appellant.

Walter L. Baumgardner, Jr. (argued and briefed), Musilli & Baumgardner, St. Clair Shores, MI, for Respondent-Appellee.

Before: GUY, MOORE, and COLE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Kenneth Osler appeals the district court's order concluding that (1) a properly pleaded claim of fraudulent concealment can toll the running of the six-year eligibility provision in § 15 of the NASD Code of Arbitration Procedure and that (2) Pamela Ware's claim that Osler engaged in fraudulent concealment was an issue for an arbitrator, not a court, to decide. We reverse.

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