Legal Opinion
Fed. Sec. L. Rep. P 93,231 William C. Fraser v. Merrill Lynch Pierce, Fenner & Smith, Inc. Franklyn C. Shulman Allan G. Kenzie
Court of Appeals for the Fourth Circuit
Decided July 14, 1987No. 86-2091PublishedCited by 81 opinions
1Opinion of the Court
SPENCER, District Judge:
This is an interlocutory appeal from the denial of a motion to compel arbitration, over which we have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). See Garner Lumber Co. v. Randolph E. Valensi, Lange, Inc., 513 F.2d 1171 (4th Cir.1975). The district court denied this motion on the grounds that Merrill Lynch had waived arbitration by its use of the trial litigation machinery during the period at issue, and that compelling arbitration would unfairly prejudice Fraser. We agree and affirm.
William C. Fraser, Jr. filed his complaint in this securities case in October…
2Cases cited19 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Wilko v. SwanSupreme Court of the United States · 1953
- Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & TurbenCourt of Appeals for the Sixth Circuit · 1979
- Fisher v. A.G. Becker Paribas Inc.Court of Appeals for the Ninth Circuit · 1986
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3Cited by81 opinions
- Leadertex, Inc. v. Morganton Dyeing & Finishing Corp.Court of Appeals for the Second Circuit · 1995
- St. Mary's Medical Center of Evansville, Incorporated v. Disco Aluminum Products Company, Incorporated, N/k/a Luminar Products, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
- Conseco Finance Servicing Corp. v. WilderCourt of Appeals of Kentucky · 2001
- Antonia Rota-McLarty v. Santander Consumer USA, IncorporatedCourt of Appeals for the Fourth Circuit · 2012
- MicroStrategy, Inc. v. LauriciaCourt of Appeals for the Fourth Circuit · 2001
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