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MERRILL LYNCH, PIERCE v. KILGORE

1971506.

751 So.2d 8 (1999)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., et al. v. Lotha KILGORE.

Supreme Court of Alabama.

Rehearing Denied November 19, 1999.

Attorney(s) appearing for the Case

A. Inge Selden III and Carranza M. Pryor of Maynard, Cooper & Gale, P.C., Birmingham, for appellants Merrill Lynch,

Pierce, Fenner & Smith, Inc., and John Niedergeses.

William R. Myers of Yearout, Myers & Traylor, P.C., Birmingham; and Hoyt Baugh, Rainsville, for appellee.

COOK, Justice.

Merrill Lynch, Pierce, Fenner & Smith, Inc., and John Niedergeses (hereinafter sometimes referred to together as "Merrill Lynch") appeal from an order of the De-Kalb Circuit Court denying their motion to compel arbitration of claims brought by Lotha Kilgore. We reverse and remand.

Kilgore testified by affidavit that on June 10, 1997, he sought advice from Jack Jordan, an employee of Merrill Lynch, regarding 4,218 shares of stock he had inherited...

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