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SPAHR v. SECCO

Nos. 00-1132, 00-1152.

330 F.3d 1266 (2003)

William J. SPAHR, by and through his co-conservators Steven D. Spahr and Barbara J. Spahr, Plaintiff-Appellee, v. Melissa Catherine SECCO, a/k/a Melissa Radtke, a/k/a Melissa Fisher, a/k/a Melissa Ball, a/k/a Melissa Sweeney, a/k/a Melissa Simms; U.S. Bancorp Investments, Inc., a Minnesota corporation f/k/a FBS Investment Services, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 3, 2003.

Attorney(s) appearing for the Case

Dale A. Gaar, Denver, CO, for Plaintiff-Appellee.

Stephen D. Bell, Dorsey & Whitney LLP (Brian E. Casey, with him on the opening and reply briefs; William D. Nelson and Gilbert M. Roman of Rothgerber, Johnson & Lyons, L.L.P. on the supplemental brief), Denver, CO, for Defendant-Appellant U.S. Bancorp Investments, Inc.

Francis V. Cristiano, Denver, CO, for Defendant-Appellant Melissa Catherine Secco.

Before LUCERO, McWILLIAMS, and REAVLEY, Circuit Judges.

LUCERO, Circuit Judge.

In August 1999, William J. Spahr, through the co-conservators of his estate, brought suit in state court against U.S. Bancorp Investments, Inc., and Melissa Catherine Secco, alleging breach of fiduciary duty, fraud, constructive trust, and negligence. Defendants removed the case to federal court and then filed a motion to stay the proceedings and order arbitration, pursuant to an agreement signed by Spahr in 1995. On the basis that the parties...

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