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A.G. EDWARDS & SON, INC. v. SMITH

No. CIV 88-1445 RCB PHX.

715 F.Supp. 288 (1989)

A.G. EDWARDS & SON, INC., Plaintiff, v. Gregory Udall SMITH, et al., Defendants.

United States District Court, D. Arizona.

June 2, 1989.

Attorney(s) appearing for the Case

James E. Brophy, III and Michael D. Moberly, Ryley, Carlock & Applewhite, Phoenix, Ariz., for plaintiff.

Gregory L. Miles, Udall, Shumway, Blackhurst, Allen, Lyons & Davis, P.C., Mesa, Ariz., and Keith K. Hilbig, Eric A. Mitnick and Henry Josefsberg, Smith & Hilbig, Torrance, Cal., for defendants.

ORDER

BROOMFIELD, District Judge.

In this Court's March 15, 1989 Order granting in part and denying in part defendants' motion to dismiss plaintiff's complaint, the Court declined to dismiss Count 1 of plaintiff's complaint which was a cause of action to compel arbitration under the Federal Arbitration Act. In doing so, the Court stated:

"As currently formulated, defendants' motion appears to be directed at obtaining from this Court a determination...

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