Herbert B. Wiepking Lydia O. Wiepking v. Prudential-Bache Securities, Inc. William B. Everhart

ALAN E. NORRIS, Circuit Judge.

Plaintiffs challenge the district court’s denial of their motion to vacate an arbitration award. The district court affirmed an earlier order compelling arbitration on the ground that the written agreement between plaintiffs and defendants required plaintiffs to pursue their federal securities claims in arbitration. The court so held despite language in the arbitration clause of the agreement that expressly exempted federal securities claims from arbitration. As an alternative ground for its holding, the court determined that plaintiffs waived their right to…