Martin Glass v. Kidder Peabody & Co., Inc., a Delaware Corporation, and Daniel J. Mulhaul William F. Branston

Reversed and remanded with instructions by published opinion. Judge DONALD S. RUSSELL wrote the opinion, in which Judge K.K. HALL and Judge WILLIAMS joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

In this action, appellant Martin Glass (“Glass”) seeks recovery from Kidder, Peabody & Co., Inc. (“Kidder”) for the losses he allegedly sustained because of Kidder’s improper and fraudulent mishandling of Glass’s stock brokerage account, which Glass opened with Kidder in May 1982, and continued until October 1984. Although the initial agreement covering the account did not include an arbitration…