Legal Opinion

SALCER, William Z., Appellant, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH INC. and Fernando L. Kindler, Appellees

Court of Appeals for the Third Circuit

Decided July 16, 1982No. 81-1969PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

William Z. Salcer appeals from the order of the district court dismissing his complaint and compelling arbitration.

The appellant’s suit was grounded upon the manner in which his commodity trading account was handled by the defendants. He asserted claims for relief based upon the Commodity Exchange Act as amended by the Commodity Futures Trading Commission Act of 1974 (“CEA”), 7 U.S.C. § 1 et seq. (first count); the Securities Act of 1933 (“1933 Act”), 15 U.S.C. § 77a et seq. (second count); and the Securities Exchange Act of 1934 (“1934…

2Cases cited4 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  3. Wasnowic v. Chicago Board of TradeDistrict Court, M.D. Pennsylvania · 1972
  4. Alken v. LernerDistrict Court, D. New Jersey · 1980

3Cited by45 opinions

  1. United States Securities & Exchange Commission v. Infinity Group Co.Court of Appeals for the Third Circuit · 2000
  2. Barrowclough v. Kidder, Peabody & Co.Court of Appeals for the Third Circuit · 1985
  3. Lowell E. Harter and Doretta Harter v. Iowa Grain Co.Court of Appeals for the Seventh Circuit · 2000
  4. In Re Energy Systems Equipment Leasing Securities LitigationDistrict Court, E.D. New York · 1986
  5. Jim Long v. Shultz Cattle Company, Incorporated, an Oklahoma Corporation, and William B. ShultzCourt of Appeals for the Fifth Circuit · 1989

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