Legal Opinion

Kidder, Peabody & Co. v. Zinsmeyer Trusts Partnership

Court of Appeals for the Second Circuit

Decided December 7, 1994No. 718, Docket 94-7627PublishedCited by 44 opinions

1Opinion of the Court

JACOBS, Circuit Judge:

A general partnership composed of several family trusts has commenced two arbitration proceedings alleging the mishandling of its accounts by a brokerage firm. The brokerage firm, Kidder, Peabody & Co., Inc. (“Kidder”), commenced this action seeking a declaration that it breached no duty to the partnership and that it has no duty to arbitrate because the parties crossed out a clause of Kidder’s standard-form Customer’s Agreement requiring the parties to submit their disputes to arbitration. The United States District Court for the Southern District of New York (Knapp,…

2Cases cited8 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. William Rothenberg v. Lincoln Farm Camp, Inc.Court of Appeals for the Second Circuit · 1985
  3. International Klafter Company, Inc., International Assurance, Inc., and International Group Underwriters, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Second Circuit · 1989
  4. Merrill Lynch, Pierce, Fenner & Smith Incorporated v. Argyris G. Georgiadis and American Arbitration Association, Appeal of Argyris G. GeorgiadisCourt of Appeals for the Second Circuit · 1990
  5. Paine, Webber, Jackson & Curtis, Inc. v. The Chase Manhattan Bank, N.A. And In-Suk OhCourt of Appeals for the Second Circuit · 1984

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3Cited by44 opinions

  1. UBS Financial Services, Inc. v. West Virginia University Hospitals, Inc.Court of Appeals for the Second Circuit · 2011
  2. Ameriprise Financial Services, Inc. v. BelandCourt of Appeals for the Second Circuit · 2011
  3. Goldman, Sachs & Co. v. City of RenoCourt of Appeals for the Ninth Circuit · 2014
  4. John Hancock Life Insurance Company v. WilsonCourt of Appeals for the Second Circuit · 2001
  5. Spear, Leeds & Kellogg v. Central Life Assurance Company, Alexander Hamilton Life Insurance Company of America, Inc., Canada Life Assurance Co.Court of Appeals for the Second Circuit · 1996

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