Nancy C. Frye v. Paine, Webber, Jackson & Curtis, Inc., Etc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Nancy Frye brought suit against Paine Webber Jackson & Curtis Inc., Dean McGowan, Ken George, and Gary Bassett, asserting federal securities and pendent state law claims. After nearly two-and-a-half years, including extensive discovery and an aborted trial, defendants moved to compel arbitration of Frye’s claims. Frye opposed this motion, arguing inter alia that defendants had waived their right to seek arbitration by participating in judicial proceedings. The district court granted defendants’ motion, holding that any attempt to compel arbitration of…