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DEAN WITTER REYNOLDS, INC. v. HOWSAM

No. 99-1320.

261 F.3d 956 (2001)

DEAN WITTER REYNOLDS, INC., a Delaware Corporation, Plaintiff-Appellant, v. Karen HOWSAM, individually, and as Trustee for the E. Richard Howsam, Jr., Irrevocable Life Insurance Trust dated May 14, 1982, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 9, 2001.

Attorney(s) appearing for the Case

Bradford D. Kaufman, Greenberg Traurig, P.A. (Joseph C. Coates, Greenberg Traurig, PA, and Martin D. Litt, Holme Roberts & Owen LLP, with him on the briefs), West Palm Beach, FL, for Plaintiff-Appellant.

Alan C. Friedberg, Pendleton, Friedberg, Wilson & Hennessey, P.C., Denver, CO, for Defendant-Appellee.

Before EBEL and LUCERO, Circuit Judges, and VRATIL, District Judge.

EBEL, Circuit Judge.

Plaintiff-Appellant Dean Witter Reynolds, Inc. brought this action seeking to enjoin Respondent Appellee Karen Howsam from arbitrating a dispute between Dean Witter and Howsam with the National Association of Securities Dealers ("NASD") on the ground that the dispute was time-barred under NASD rules. The district court concluded that the parties, in a 1992 ACCESS Client Service Agreement, had "clearly...

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