BISCANIN v. MERRILL LYNCH & CO., INC.

No. 03-1659.

407 F.3d 905 (2005)

John P. BISCANIN, as Successor Conservator of Dolores W. O'Keefe; as Co-administrator of the Estate of Dolores W. O'Keefe; as Trustee of the Dolores W. O'Keefe Living Trust dated September 20, 1990, and as Trustee of the Michael A. O'Keefe Sub-trust of the Dolores W. O'Keefe Irrevocable Trust dated July 12, 1996, Appellant, v. MERRILL LYNCH & CO., INC.; Merrill Lynch & Co. International, Ltd.; Thomas M. Friedman; Richard J. Paradise; Bradley Stratton; Chad G. Bushaw, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 6, 2005.


Attorney(s) appearing for the Case

Gregory Mark Dennis, argued, Overland Park, Kansas (Kent T. Perry and Kenneth J. Catanzarite, on the brief), for appellant.

Allison M. Murdock, argued, Kansas City, Missouri (Daniel Bukovac and Sean W. Colligan, on the biref), for appellee.

Before LOKEN, Chief Judge, and MORRIS SHEPPARD ARNOLD and HANSEN, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

John Biscanin appeals from the district court's dismissal of his complaint, which asks that an arbitration award be vacated. The complaint's theory is that the award reflects a manifest disregard of applicable federal law. We conclude that the complaint should be dismissed for lack of subject-matter jurisdiction because the claim of manifest disregard is patently meritless.

Mr. Biscanin is one of the administrators of...

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