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APPLIED ENERGETICS v. NEWOAK CAPITAL MARKETS

Docket No. 10-5107-cv.

645 F.3d 522 (2011)

APPLIED ENERGETICS, INCORPORATED, Petitioner-Appellant, v. NEWOAK CAPITAL MARKETS, LLC, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 13, 2011.

Attorney(s) appearing for the Case

Clifford Thau ( Hilary L. Preston , on the brief), Vinson & Elkins LLP, New York, NY, for Petitioner-Appellant.

Leanne M. Shofi ( Joseph M. Pastore III , on the brief), Fox Rothschild, LLP, New York, NY, for Respondent-Appellee.

Before: KEARSE and CHIN, Circuit Judges, and RAKOFF, District Judge.

RAKOFF, District Judge:

Petitioner-Appellant Applied Energetics, Inc. ("Applied") appeals the district court's final order and judgment compelling arbitration of the claims of Respondent-Appellee NewOak Capital Markets, LLC ("NewOak") before the Financial Industry Regulatory Authority ("FINRA"). Because we find that the parties expressly agreed to adjudicate their disputes before a court, we reverse, and remand to the district court for further proceedings.

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