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SHEMTOB v. SHEARSON, HAMMILL & CO.

No. 1063, Docket 71-1504.

448 F.2d 442 (1971)

Richard SHEMTOB et al., Plaintiffs-Appellants, v. SHEARSON, HAMMILL & CO., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 31, 1971.

Attorney(s) appearing for the Case

Robert V. Ferrari, New York City (Gerwin & Ehrenclou and Richard L. Weingarten, New York City, on the brief), for defendant-appellee.

Reginald Leo Duff, New York City (Carro, Spanbock & Londin, New York City, on the brief), for plaintiffs-appellants.

Before MOORE, FEINBERG and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Plaintiffs ("the Shemtobs") appeal from an order of the district court for the Southern District of New York, Palmieri, J., denying their motion for a stay of arbitration, 28 U.S.C. § 2283, and dismissing the complaint for failure to state a claim upon which relief can be granted, Rule 12(b) (6), F.R.C.P. We affirm.

The essential allegations of the complaint are as follows: On February 4, 1969, the Shemtobs consolidated three...

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