Bitkowski v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Defendant-appellant Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”) appeals from a district court order which denied Merrill Lynch’s motion to compel arbitration of a controversy with its customer, plaintiff-appellee Eunice Bitkow-ski, pursuant to an arbitration provision in a customer agreement signed by Bitkow-ski. For the reasons stated herein, we reverse the district court’s order.

In October 1981 Bitkowski opened seven accounts with Merrill Lynch through its agent, Thomas Henson, on her own behalf and that of her minor children. At the meeting she executed customer…