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BERENSON v. NATIONAL FINANCIAL SERVICES LLC

No. 06-1112.

485 F.3d 35 (2007)

Joan BERENSON, David Berenson Plaintiffs, Appellees v. NATIONAL FINANCIAL SERVICES LLC, Fidelity Brokerage Services LLC Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 27, 2007.

Attorney(s) appearing for the Case

David C. Frederick, with whom F. Andrew Hessick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Nicholas C. Theodorou, John A. Shope, William W. Fick, David E. Cole, and Foley Hoag LLP were on brief, for appellants.

Douglas A. Rubel, with whom Johanson Berenson LLP were on brief, for appellees.

Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and SINGAL, District Judge.

LIPEZ, Circuit Judge.

This case concerns the proper boundary between the courts and arbitrators in some novel circumstances. We must determine whether the district court effectively denied the right of appellants National Financial Services and Fidelity Brokerage Services (collectively "Fidelity")1 to arbitrate a dispute with their customers, Joan and David Berenson, when it opined on the merits of the Berensons' claims after granting...

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