Legal Opinion

Fed. Sec. L. Rep. P 94,102 Rauscher Pierce Refsnes, Inc. v. Dennis H. Birenbaum

Court of Appeals for the Fifth Circuit

Decided November 17, 1988No. 88-1231PublishedCited by 18 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

This appeal raises the issue of whether this court has appellate jurisdiction over an interlocutory order denying a motion to stay proceedings pending arbitration. We dismiss.

In June 1986 appellees Dennis and Beth Birenbaum executed customer agreements designating appellant Rauscher Pierce Refsnes, Inc. (RPR) as their broker for the purchase and sale of securities in the Bir-enbaums’ accounts with RPR. In February 1987 a dispute arose between the parties, and the Birenbaums alleged that an RPR broker made unauthorized trades in the Birenbaums’ accounts.

The customer…

2Cases cited20 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
  4. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  5. Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955

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3Cited by18 opinions

  1. Hercules & Co. v. Shama Restaurant Corp.District of Columbia Court of Appeals · 1989
  2. United States v. James Harvey Brown, Also Known as Jim BrownCourt of Appeals for the Fifth Circuit · 2000
  3. Adams v. Georgia Gulf Corp.Court of Appeals for the Fifth Circuit · 2001
  4. Jerald A. Turboff v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1989
  5. Victoria A. Carleton Jolley v. Paine Webber Jackson & Curtis, Inc.Court of Appeals for the Fifth Circuit · 1989

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