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in unanimous ruling, the justices reversed a decision by the 10th U.S. Circuit Court of Appeals that a National Association of Securities Dealers (NASD) rule, which requires an arbitration request to be brought within six years of the event that gave rise to the dispute, was a question of the underlying dispute’s arbitrability that is ordinarily decided by a court. Howsam v. Dean Witter Reynolds Inc., No. 01-800. The court held that an NASD arbitrator should apply the time-limit rule to the underlying dispute. Breyer’s opinion was joined by Rehnquist, Scalia, Kennedy, Souter, Ginsburg, Stevens and Thomas. O’Connor took no part in the case.

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