Kingston v. Ameritrade, Inc.

¶1 William and Virginia Kingston appeal from the October 19,1999, order of the Second Judicial District Court, Silver Bow County, granting Ameritrade’s combined motion to dismiss and to compel arbitration. We reverse and remand for further proceedings consistent with this opinion.

¶2 The sole issue presented on appeal is whether the District Court erred when it concluded that the arbitration provision in the Ameritrade contract is valid and enforceable and, therefore, the Kingstons are compelled to arbitrate their dispute with Ameritrade.

BACKGROUND

¶3 In January 1998 the Kingstons opened a cash…