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PARK v. MERRILL LYNCH

No. COA02-859.

582 S.E.2d 375 (2003)

David I.H. PARK, Junhie Y. Park, and Park Family Dentistry, Plaintiffs, v. MERRILL LYNCH, Pierce, Fenner & Smith, Incorporated, Jeffrey J. Lane, Anthony (Mike) Cuomo, and Douglas Hornberger, Defendants.

Court of Appeals of North Carolina.

July 15, 2003.

Attorney(s) appearing for the Case

Penry Riemann PLLC, by J. Anthony Penry, and Richard W. Rutherford, Raleigh, for plaintiffs-appellees.

Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP, by Donald H. Tucker, Jr. and J. Mitchell Armbruster, Raleigh, and Brobeck Phleger & Harrison, LLP, by Francis S. Chlapowski, New York, NY, for defendants-appellants.

STEELMAN, Judge.

Defendants, Merrill Lynch, Pierce, Fenner & Smith, Inc.; Jeffrey J. Lane; Anthony (Mike) Cuomo; and Douglas Hornberger, appeal an order of the trial court denying their motion to stay proceedings and compel arbitration. They set forth three assignments of error. For the reasons discussed herein, we reverse and remand this case.

In 1986, plaintiff Park Family Dentistry established a working cash management account (WCMA) with Merrill Lynch...

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