Court of Appeals for the Eighth Circuit April 14, 2004, 03-1404 (Mm&s Financial, Inc. v. National Association of Securities Dealers, Inc. Nasd Dispute Resolution, Inc.)

RILEY, Circuit Judge.

After MM&S Financial, Inc. (MM&S) purchased certain assets of Miller & Schroeder Financial, Inc. (Miller), former Miller customers brought securities arbitration proceedings against MM&S. MM&S brought suit against the National Association of Securities Dealers, Inc. (NASD) and NASD Dispute Resolution, Inc. (the NASD defendants) to prohibit the arbitration proceedings.