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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. WARE

No. 72-312.

414 U.S. 117 (1973)

94 S.Ct. 383

38 L.Ed.2d 348

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. WARE.

Supreme Court of United States.

Decided December 4, 1973.

Attorney(s) appearing for the Case

William H. Orrick, Jr., argued the cause for petitioner. With him on the briefs was W. Reece Bader.

Joseph C. Barton argued the cause for respondent. With him on the brief was Thomas E. Feeney.*

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the question whether certain rules of the New York Stock Exchange, promulgated as self-regulating measures pursuant to § 6 of the Securities Exchange Act of 1934, 48 Stat. 885, 15 U. S. C. § 78f, and a broker's employee's pledge to abide by those rules, preempt avenues of wage relief otherwise available to the employee under state law. The California Court of Appeal answered this...

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