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AMERICAN RECOVERY v. COMPUTERIZED THERMAL IMAGING

No. 96-1207.

96 F.3d 88 (1996)

AMERICAN RECOVERY CORPORATION, Plaintiff-Appellee, v. COMPUTERIZED THERMAL IMAGING, INCORPORATED; David B. Johnston, Defendants-Appellants, and Richard V. Secord; Looper, Reed, Mark, and McGraw, Incorporated; Donald R. Looper; Fluor-Daniel, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Wayne Lee Emery, Warsaw, Virginia, for Appellants. Lovida Hardin Coleman, Jr., Sutherland, Asbill & Brennan, Washington, DC, for Appellee. ON BRIEF: Jay Y. Mandel, Sutherland, Asbill & Brennan, Washington, DC, for Appellee.

Before MURNAGHAN, WILLIAMS and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MURNAGHAN and Judge MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

Computerized Thermal Imaging, Incorporated, and David B. Johnston (collectively, CTI) appeal from the district court's denial of their motion for a stay pending arbitration. Relying on Mediterranean Enterprises v. Ssangyong, 708 F.2d 1458 (9th Cir.1983...

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