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AWUAH v. COVERALL NORTH AMERICA, INC.

No. 08-1920.

554 F.3d 7 (2009)

Pius AWUAH, Nilton Dos Santos, Geraldo Correia, Benecira Cavalcante, Denisse Pineda, Jai Prem, Aldivar Brandao, Phillip Beitz, Richard Barrientos, Marian Lewis, Stanley Stewart, and all others similarly situated, Plaintiffs, Appellees, v. COVERALL NORTH AMERICA, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Norman M. Leon with whom Michael D. Vhay, John F. Dienelt, and DLA Piper U.S. LLP were on brief for appellant.

Hillary Schwab with whom Shannon Liss-Riordan, Harold Lichten, and Pyle, Rome, Lichten, Ehrenberg, & Liss-Riordan, P.C. were on brief for appellees.

Before BOUDIN, STAHL, and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

The question before us is whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator. Appellant is Coverall North America, Inc., itself the subsidiary of still larger enterprises. Coverall contracts to provide commercial janitorial cleaning services to building owners or operators throughout the United States. It "franchises" other companies or individuals to do the actual cleaning of the...

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