(DOWNLOAD) "Kidder, Peabody & Co. v. Zinsmeyer Trusts Partnership" by Second Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Kidder, Peabody & Co. v. Zinsmeyer Trusts Partnership
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 07, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
JACOBS, Circuit Judge : A general partnership composed of several family trusts has commenced two arbitration proceedings alleging the mishandling of its accounts by a brokerage firm. The brokerage firm, Kidder, Peabody & Co., Inc. (""Kidder""), commenced this action seeking a declaration that it breached no duty to the partnership and that it has no duty to arbitrate because the parties crossed out a clause of Kidder's standard-form Customer's Agreement requiring the parties to submit their disputes to arbitration. The United States District Court for the Southern District of New York (Knapp, J.) dismissed Kidder's complaint on the ground that Kidder has an obligation to arbitrate that is independent of the deleted contract term. The district court reasoned that Kidder, as a member of the National Association of Securities Dealers (""NASD""), is bound by the NASD Code to arbitrate disputes, at its customers' option, and that the crossed out language left intact a separate contract provision binding Kidder to the rules and usages of the NASD and acknowledging the existence of a pre-dispute arbitration clause.
 "Kidder, Peabody & Co. v. Zinsmeyer Trusts Partnership" by Second Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free){kind=link}