Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

JERRY E. SMITH, Circuit Judge:

In this consolidated appeal, Carvel Dillard challenges an order compelling arbitration of his 1985 case and orders dismissing his 1986 and 1988 cases. We affirm the order compelling arbitration, affirm in part the dismissals, and remand the 1986 and 1988 cases to the respective district courts.

I

Dillard maintained an account with Merrill Lynch, Pierce, Fenner & Smith (“Merrill Lynch”) for the purpose of trading securities. The brokerage agreement contained a provision by which the parties agreed to settle any disputes through arbitration. 1 In December 1983,…