96 Cal. Daily Op. Serv. 2994, 96 Daily Journal D.A.R. 4975 Fred Wagner Scott Serven, D/B/A Wagner/serven, a Partnership v. Stratton Oakmont, Inc. Mathew Bloom Neil Kimpermen

Good Law
83 F.3d 1046
United States Court of Appeals for the Ninth CircuitApril 30, 199695-35176California2,753 words

Opinion

Opinion

83 F.3d 1046 96 Cal. Daily Op. Serv. 2994 , 96 Daily Journal D.A.R. 4975 Fred WAGNER; Scott Serven, d/b/a Wagner/Serven, a partnership, Plaintiffs-Appellees, v. STRATTON OAKMONT, INC.; Mathew Bloom; Neil Kimpermen, Defendants-Appellants. No. 95-35176. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1995. Decided April 30, 1996. Francis L. Van Dusen, Jr., Miller, Nash, Weiner, Hager & Carlsen, Seattle, Washington, for defendants-appellants. Barton L. Adams, Adams & Adams, Tacoma, Washington, for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding, No. CV-94-05551-FDB. Before: WRIGHT, ALARCON and CANBY, Circuit Judges. CANBY, Circuit Judge: 1 The question presented by this appeal is whether an arbitration agreement signed by a partner when he opened his own individual account with a stockbroker binds his partnership or himself to arbitration of partnership claims against the stockbroker arising from a separate trading account opened in the partnership's name. We hold that it does not, and we therefore affirm the district court's refusal to stay…

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