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MERRILL LYNCH, PIERCE, FENNER & SMITH v. SHADDOCK

Nos. 92 Civ. 8115 (WCC), 92 Civ. 8116 (WCC).

822 F.Supp. 125 (1993)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Petitioner, v. Sarah Wall Stephenson SHADDOCK, William F. Stephenson, as Personal Representative of the Estate of Audrey J. Stephenson, and Scott Webster Stephenson, Respondents. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Petitioner, v. William F. STEPHENSON, Respondent.

United States District Court, S.D. New York.

May 20, 1993.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, New York City (Lawrence E. Fenster, of counsel), for petitioner.

Vinton, Waller, Slivka & Panasci, Richard P. Slivka, Patrick D. Vellone, Denver, CO, Brandeis, Bernstein & Wasserman by Katherine Nathan, New York City, for respondents Scott Webster Stephenson, William F. Stephenson, as Personal Representative of the Estate of Audrey J. Stephenson and Sarah Wall Stephenson Shaddock.

Cohen Brame & Smith, P.C., Jeffrey L. Smith, Marisa L. Williams, Denver, CO, Brandeis, Bernstein & Wasserman by Katherine Nathan, New York City, for respondent William F. Stephenson.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

These two related cases were consolidated in this Court upon removal from New York State Supreme Court under 28 U.S.C. § 1446. Petitioner Merrill Lynch, Pierce, Fenner & Smith Inc., ("Merrill Lynch"), moves for an order permanently staying the arbitration proceedings initiated by respondents before the National Association of Securities Dealers, Inc. ("NASD"), on or about September 22, 1992. Respondents...

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