Legal Opinion

Paine, Webber, Jackson & Curtis, Inc. v. McNeal

Court of Appeals of Georgia

Decided October 18, 1977No. 54552, 54553PublishedCited by 38 opinions

1Opinion of the Court

Shulman, Judge.

Appellants are a securities broker-dealer (Paine, Webber) and an account representative (Skone). McNeal, a former customer, brought suit against both alleging common law fraud and violations of the Securities Act of 1933 (15 USCA § 77a et seq). Appellants made a motion to stay the proceedings and to compel arbitration of the controversies under a clause in the contract between Paine, Webber and McNeal. The trial judge denied both parts of the motion, basing his decision on Georgia policy against "all issues” arbitration. He also held that, even if the arbitration agreement were…

2Cases cited5 opinions

  1. Wilko v. SwanSupreme Court of the United States · 1953
  2. Berman v. Dean Witter & Co., Inc.California Court of Appeal · 1975
  3. Bloomfield v. Liggett & Myers, Inc.Supreme Court of Georgia · 1973
  4. West Point-Pepperell, Inc. v. Multi-Line Industries, Inc.Supreme Court of Georgia · 1973
  5. Starr v. O'RourkeNew York Supreme Court · 1957

3Cited by38 opinions

  1. Curtis G. Testerman Co. v. BuckCourt of Appeals of Maryland · 1995
  2. Ex Parte GraySupreme Court of Alabama · 1996
  3. Brinson v. MartinCourt of Appeals of Georgia · 1996
  4. Ex Parte Alabama Oxygen Co., Inc.Supreme Court of Alabama · 1983
  5. American Insurance v. CazortSupreme Court of Arkansas · 1994

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