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JAVITCH v. FIRST UNION SECURITIES, INC.

Nos. 02-3352, 02-3353, 02-3354, 02-3355.

315 F.3d 619 (2003)

Victor M. JAVITCH, Receiver, Plaintiff-Appellee, v. FIRST UNION SECURITIES, INC.; Michael D'Angelo; Charles Schwab & Company, Inc.; Charles Harris; Morgan Stanley Dean Witter & Company; Marcel Pope; Fifth Third/Maxus Securities, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2003.

Attorney(s) appearing for the Case

Matthew P. Moriarty (argued and briefed), Arter & Hadden, LLP, Robert E. Cahill (briefed), Roger A. Hipp (briefed), Brzytwa, Quick & McCrystal, Cleveland, OH, for Plaintiff-Appellee.

Michael N. Ungar (argued and briefed), Joseph S. Simms, Suzanne E. Duddy (briefed), Timothy J. Downing (briefed), Ulmer & Berne, Cleveland, OH, for Defendants-Appellants.

Ida W. Draim (argued and briefed), Frank C. Razzano (briefed), Dickstein, Shapiro, Morin & Oshinsky, Washington, DC, for Amicus Curiae.

Before GUY and BOGGS, Circuit Judges; EDMUNDS, District Judge.

OPINION

RALPH B. GUY, JR., Circuit Judge.

The brokerage firms and individual brokers named as defendants in four related actions have brought interlocutory appeals from the district court's denial of their motions to compel arbitration of claims asserted by plaintiff, Victor M. Javitch, as the receiver for Viatical Escrow Services, LLC (VES), and Capital Fund Leasing, LLC (CFL).1 The district court found that Javitch, the receiver...

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