Gans v. Merrill Lynch Futures, Inc.

FAIRCHILD, Senior Circuit Judge.

This matter is before this court on appeal from an order of the district court1 denying in part a motion to stay further district court proceedings pending arbitration of the dispute between the parties. The district court granted the motion as to the plaintiffs’ “arbitrable pendent state law claims,” but denied it as to “nonarbitrable federal claims.” 2 I. FACTS

Plaintiff-appellee Howard S. Gans entered into a Commodity Account Agreement on July 27, 1979, with defendant-appellant Merrill Lynch, Pierce, Fenner & Smith.3 Gans is associated with plaintiff PSG,…