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MUH v. NEWBURGER, LOEB & CO., INC.

No. 74-2783.

540 F.2d 970 (1976)

Robert MUH, Plaintiff-Appellant, v. NEWBURGER, LOEB & CO., INC., a Delaware Corporation, and Does I through XX, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 8, 1976.

Attorney(s) appearing for the Case

Michael R. Mitchell (argued), Los Angeles, Cal., for plaintiff-appellant.

Donald H. Shaw (argued), of Kantor, Shaw & Davidoff, New York City, for defendants-appellees.

Before ELY and WALLACE, Circuit Judges, and ORRICK, District Judge.

OPINION

WALLACE, Circuit Judge:

We have before us the question whether an arbitration clause contained in the constitution of the New York Stock Exchange is binding upon the parties and forecloses court action on the claim asserted. Muh brought suit on a contract in the California state court against Newburger, Loeb & Co., Inc. (Newburger) and the case was removed to the federal court based upon diversity of citizenship. Newburger then moved for a stay...

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