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IN RE JEAN F. GARDNER AMENDED BLIND TRUST

No. 49845-2-I.

70 P.3d 168 (2003)

117 Wash.App. 235

In re The JEAN F. GARDNER AMENDED BLIND TRUST. David Duryee and Moss Adams, LLP, Appellants/Cross-Respondents, v. Jean F. Gardner and First Union Securities, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

June 9, 2003.

Attorney(s) appearing for the Case

James Smith, James Hennessey and Ann Marie Bender, Smith & Hennessey, Alexander A. Baehr, Holland & Knight, L.L.P., Robert Heller, Riddell Williams, P.S., Seattle, WA, for Appellants.

Frederick Huebner, Lawrence Cook, Cable, Langenbach, Kinerk & Bauer, LLP, Jeffrey M. Thomas, Christie Snyder, Gordon Murray Tilden, Seattle, WA, for Respondents.

BAKER, J.

David Duryee, trustee of the Jean Gardner Amended Blind Trust, opened a securities account with First Union Securities, and signed a client agreement that contained an arbitration clause. When the value of the trust substantially diminished, Jean Gardner sued Duryee and First Union, alleging breach of fiduciary duty and negligence. The trial court dismissed the case and compelled arbitration. In this appeal, Gardner

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