[Download] "St. Mary's Medical Center of Evansville, Inc. v. Disco Aluminum Products Co." by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: St. Mary's Medical Center of Evansville, Inc. v. Disco Aluminum Products Co.
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 05, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

MANION, Circuit Judge. St. Mary's Medical Center sued Disco Aluminum Products, Inc. for breaching a warranty in a construction contract. A little more than eight months after St. Mary's filed its complaint, Disco requested arbitration pursuant to the contract and asked the district court to stay the case pending arbitration pursuant to § 3 of the Federal Arbitration Act, 9 U.S.C. § 3. St. Mary's resisted on the ground that Disco had waived its right to arbitration and asked the district court to stay arbitration. The district court agreed with St. Mary's that Disco had waived arbitration, denied Disco's motion for a stay pending arbitration, and granted St. Mary's motion to stay arbitration. Disco appealed pursuant to 9 U.S.C. § 16(a)(1)(A), which authorizes interlocutory appeals from refusals to grant stays under § 3. See Perera v. Siegel Trading Co., 951 F.2d 780, 782-83 (7th Cir. 1992). Because we agree that Disco waived its contractual right to arbitration, we affirm the district court's decision. I.

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