Dean Witter Reynolds, Inc. v. Fleury

COX, Circuit Judge:

Dean Witter Reynolds, Inc. appeals the district court’s grant of Wayne and Betty Fleurys motion to compel arbitration under the Federal Arbitration Act (9 U.S.C. § 1) of their claims against Dean Witter. We vacate the district court’s order and remand with instructions to dismiss Dean Witter’s complaint and compel arbitration before the NASD.

I. BACKGROUND

Wayne and Betty Fleury opened a securities account at Dean Witter in 1982. Upon opening the accounts, the Fleurys signed a “Customer Agreement” containing this arbitration clause:

Any controversy between you [Dean Witter]…