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BADART v. MERRILL, LYNCH, PIERCE, FENNER & SMITH

No. 85-6144.

823 F.2d 333 (1987)

Egon L. BADART and Patra L. Badart, Plaintiffs-Appellees, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; Steven Kerstein; and Jack Queen, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

July 28, 1987.

Attorney(s) appearing for the Case

Sandra L. Malek, Los Angeles, Cal., for plaintiffs-appellees.

Maren E. Nelson, Los Angeles, Cal., for defendants-appellants.

Before CANBY, REINHARDT and NOONAN, Circuit Judges.

PER CURIAM:

In our earlier decision in this case, we held that the district court properly refused to submit claims under sections 10(b), 15 and 20(a) of the Securities Exchange Act of 1934 to arbitration. Badart v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 797 F.2d 775 (9th Cir.1986). That was the only issue presented to us on appeal.

The Supreme Court has now granted certiorari, vacated our earlier decision...

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