KATY TALTON AND INTERSTATE SECURITIES CORP., APPELLANTS,
v.
WILLIAM N. ALBAUGH AND HIS WIFE, VIRGINIA T. ALHAUGH, APPELLEES
KATY TALTON AND INTERSTATE SECURITIES CORP., APPELLANTS,
WILLIAM N. ALBAUGH AND HIS WIFE, VIRGINIA T. ALHAUGH, APPELLEES
531 So. 2d 1070
Florida District Court of Appeal, Fourth District (1988)
Opinion of the Court
PER CURIAM.
We affirm. See Leicht v. Bateman Eichler, Hill Richards, Inc., 848 F. 2d 130 (9th Cir.1988).
The options agreement between the parties, under which some 82% of the transactions took place, explicitly states that arbitration cannot be compelled with respect to disputes arising under federal securities laws. The subject provision, supplied by appellants, in no way indicates dependence on the rule set forth in Wilko v. Swan, 346 U.S. 427, 74 S.Ct. 182, 98 L.Ed. 168 (1953), which some courts, including this one, consider to have been overruled in Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987).
HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wilko v. Swan, 346 U.S. 427 (U.S. 1953)
- Shearson/American Express Inc. v. McMAHON, 482 U.S. 220 (U.S. 1987)
- Leicht v. Bateman Eichler, 848 F.2d 130 (9th Cir. 1988)