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531 So. 2d 1070

531 So.2d 1070

13 Fla.L.Weekly 2340

Talton v. Albaugh

District Court of Appeal of Florida

Decided October 19, 1988

District Court of Appeal of Florida · decided 1988-10-19

Relies on Wilko v. Swan · Shearson/American Express Inc. v. McMahon · Leicht v. Bateman Eichler

Decided 1988-10-19

PER CURIAM.

¶1We affirm. See Leicht v. Bateman Eichler, Hill Richards, Inc., 848 F.2d 130 (9th Cir.1988).

¶2The 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.
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