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McCOWAN v. SEARS, ROEBUCK AND CO.

Nos. 918, 1197, Dockets 89-9089, 90-7135.

908 F.2d 1099 (1990)

Horace D. McCOWAN, Jr. and Sarah E. McCowan, Plaintiffs-Appellees, v. SEARS, ROEBUCK AND CO., and Dean Witter Reynolds, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 25, 1990.

Amended July 10, 1990.

Attorney(s) appearing for the Case

Charles W. Laughlin, Richmond, Va. (Thompson & McMullan, Richmond, Va., Harry H. Wise, New York City, of counsel), for plaintiffs-appellees.

Elizabeth Hoop Fay, Philadelphia, Pa. (John Linsenmeyer, John F.X. Peloso, Morgan, Lewis & Bockius, New York City, of counsel), for defendants-appellants.

Before OAKES, KEARSE and WALKER, Circuit Judges.

WALKER, Circuit Judge.

Dean Witter Reynolds Inc. ("Dean Witter") and Sears, Roebuck and Co. ("Sears") appeal from orders of the United States District Court for the Southern District of New York (Robert L. Carter, Judge) denying their separate motions for a stay of court proceedings pending arbitration pursuant to section 3 of the Federal Arbitration Act (the "Act"), 9 U.S.C. § 3. For the reasons set forth below, we reverse the order of the district court...

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