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SMITH BARNEY, INC. v. KEENEY

Nos. 96-1052, 96-1053.

570 N.W.2d 75 (1997)

SMITH BARNEY, INC. and William Kirke, Appellees, v. Robert B. KEENEY and Barbara R. Keeney, Appellants. SMITH BARNEY, INC. and William Kirke, Appellees, v. Merry LAMOND, Appellant.

Supreme Court of Iowa.

October 22, 1997.

Attorney(s) appearing for the Case

Gail E. Boliver of Boliver Law Firm, Marshalltown, for appellants.

Kathleen M. Quinn and Jeff A. Anderson of Kutak Rock, Omaha, NE, and Kimberly J. Walker and Melissa Shafter of Faegre & Benson, Des Moines, for appellee Smith Barney, Inc.

Ronald L. Sutphin and Michael J. Eason of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellee William Kirke.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and SNELL, JJ.

CARTER, Justice.

The threshold question in this litigation is whether the consequences of a six-year limitation period for the arbitration of disputes under a customer's agreement with a securities firm is to be determined by an arbitrator or by a court. The securities firm, Smith Barney, Inc., and its sales representative, William Kirke, urged and the district court concluded that this was a matter for the court to decide. As a result of that conclusion, the district...

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