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CALABRIA v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. A. No. 3:93-CV-1896-D.

855 F.Supp. 172 (1994)

Meriam J. CALABRIA, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and John M. Rhoades, Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 17, 1994.

Attorney(s) appearing for the Case

Michael G. O'Neill and B. Keith Trent of O'Neill, Snell, Banowsky & McClure, Dallas, TX for plaintiff.

Kenneth E. Johns, Jr. and William H. Church, Jr. of Vinson & Elkins, L.L.P., Dallas, TX for defendants.

FITZWATER, District Judge:

The court is asked to decide whether claims made ineligible for arbitration by the National Association of Securities Dealers, Inc. ("NASD") Code of Arbitration Procedure ("NASD Code") are litigable in court, when the parties to a customer account agreement have agreed that all the claims will be submitted to arbitration. In other words, if a party agrees to arbitrate all claims, but the NASD Code renders certain claims ineligible for arbitration...

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