MURKEN v. SUNCOR ENERGY, INC.

No. 24,848.

117 P.3d 985 (2005)

2005-NMCA-102

Arlo and Joyce MURKEN, on behalf of themselves and others similarly situated, Plaintiffs, Deutsche Morgan Grenfell, Inc. and John Rendall, Defendants, and W. Jack Butler, Defendant-Appellant v. SUNCOR ENERGY, INC.; Syncrude (Canada), Inc.; Shell (Canada), Inc.; Exxon-Mobil, Inc.; Deutsche Bank, AG; Raymond and Rawl (Exxon); R. George (Suncor); Bob Pitman; Al Hyndman (Syncrude); Helmar Kopper (Deutsche Bank); and Merrill Lynch, Pierce, Fenner & Smith, Inc., Third-Party Defendants-Appellees.

Court of Appeals of New Mexico.

June 29, 2005.


Attorney(s) appearing for the Case

Victor R. Marshall, Diane P. Donaghy, Victor R. Marshall & Associates, P.C., Albuquerque, NM, for Appellant.

Robert A. Johnson, Johnson & Nelson, P.C., Albuquerque, NM, Joel R. Sharp, Jenkens & Gilchrist, Dallas, TX, for Appellee Merrill Lynch, Pierce, Fenner & Smith, Inc.


OPINION

KENNEDY, Judge.

{1} Third-party Plaintiff W. Jack Butler appeals from the district court's order compelling him to arbitrate his claims against multiple third-party defendants collectively referred to hereinafter as Merrill Lynch. Butler's third-party claims arose in the larger context of a securities fraud class action brought by the former shareholders of Solv-Ex Corporation against corporate officers Butler and John Rendall, among others...

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