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SMITH BARNEY v. CRITICAL HEALTH SYSTEMS OF N.C.

No. 99-1220.

212 F.3d 858 (2000)

SMITH BARNEY, INCORPORATED, formerly known as E.F. Hutton & Company, Inc., a Securities Broker Dealer Incorporated in DE; Lehman Brothers, Incorporated, a Securities Broker Dealer Incorporated in DE, Plaintiffs-Appellants, v. CRITICAL HEALTH SYSTEMS OF NORTH CAROLINA, INCORPORATED OF RALEIGH, NORTH CAROLINA, formerly known as Wake Anesthesiology Associates, Incorporated; Wake Anesthesiology, Incorporated Money Purchase Pension Plan, of Raleigh, North Carolina; Wake Anesthesiology Profit Sharing Plan, of Raleigh, North Carolina; Peter Modrow, of Raleigh, North Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 11, 2000

Attorney(s) appearing for the Case

ARGUED: David G. Russell, Parker, Hudson, Rainer & Dobbs, Atlanta, Georgia, for Appellants. Teri Louise DiGiulian, Bedzow, Korn, Brown, Miller & Zemel, P.A., Aventura, Florida, for Appellees.

ON BRIEF: Nancy H. Baughan, Parker, Hudson, Rainer & Dobbs, Atlanta, Georgia; Eugene Boyce, Philip R. Isley, Boyce & Isley, P.A., Raleigh, North Carolina, for Appellants. Robert B. Miller, Bedzow, Korn, Brown, Miller & Zemel, P.A., Aventura, Florida; Peter J. Sarda, Wallace, Creech & Sarda, L.L.P., Raleigh, North Carolina, for Appellees.

Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and James R. SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge SPENCER joined.

OPINION

WILKINSON, Chief Judge:

Critical Health initiated arbitration proceedings against Smith Barney before the American Arbitration Association (AAA). Smith Barney seeks to enjoin the AAA proceedings because a customer agreement between the parties provides that controversies shall be "settled by arbitration, in accordance...

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