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SALOMON SMITH BARNEY, INC. v. HARVEY

No. 00-12627.

260 F.3d 1302 (2001)

SALOMON SMITH BARNEY, INC., Plaintiff-Appellee, v. Arthur HARVEY, M.D., individually, and as beneficiary of the Arthur Harvey, M.D. Inc. Employee Defined Benefit Plan, Delores E. Thomas, Defendants-Appellants, Margaret G. Ostrander, Defendant.

United States Court of Appeals, Eleventh Circuit.

August 9, 2001.

Attorney(s) appearing for the Case

Stephen Craig Krosschell, Attorney at Law, Clearwater, FL, for Defendants-Appellants.

Joseph Clay Coates, III, Greenberg Traurig, P.A., West Palm Beach, FL, for Plaintiff-Appellee.

Before TJOFLAT and DUBINA, Circuit Judges, and SHAPIRO, District Judge.

DUBINA, Circuit Judge:

The central issue in this appeal concerns the propriety of a district court's review of the timeliness of claims sought to be arbitrated pursuant to the National Association of Securities Dealers Code of Arbitration. Because the extent of a court's review is clearly articulated in both Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cohen, 62 F.3d 381 (11th Cir.1995), and Kidder Peabody & Co...

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