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CITIGROUP SMITH BARNEY v. HENDERSON

CV07120045; A139707.

250 P.3d 926 (2011)

241 Or. App. 65

CITIGROUP SMITH BARNEY, Plaintiff-Appellant, v. Clay HENDERSON, an individual; Doby Woodley, an individual; Corey Henderson, an individual; and Madge Henderson, an individual, Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 23, 2011.

Attorney(s) appearing for the Case

Bruce L. Campbell , Portland, argued the cause for appellant. With him on the briefs were Miller Nash LLP, and Elisa J. Dozono .

Andrew T. Reilly , Portland, argued the cause for respondents Clay Henderson, Doby Woodley, and Corey Henderson. With him on the brief was Black Helterline LLP.

J. Kevin Shuba argued the cause and filed the briefs for respondent Madge Henderson.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

WOLLHEIM, J.

This is an interlocutory appeal of an order denying plaintiff's motion to compel arbitration. The trial court concluded that defendants' counterclaims were not subject to mandatory arbitration. We agree with plaintiff that the court erred in denying the motion, and we therefore reverse and remand.

The relevant facts are not disputed. Lyle Henderson opened an individual retirement account (IRA) with plaintiff, Citigroup Smith Barney. At the same...

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