COMMERCIAL METALS CO. v. BALFOUR, GUTHRIE, & CO., LTD.

No. 76-3569.

577 F.2d 264 (1978)

COMMERCIAL METALS COMPANY, Plaintiff-Appellant, v. BALFOUR, GUTHRIE, AND COMPANY, LIMITED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 27, 1978.


Attorney(s) appearing for the Case

Lawrence R. Maxwell, Jr., Richard Gary Thomas, Dallas, Tex., for plaintiff-appellant.

H. Robert Powell, Dallas, Tex., for defendant-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.


JAMES C. HILL, Circuit Judge:

Plaintiff-appellant, Commercial Metals Company, appeals from the District Court's dismissal of its amended complaint against defendant-appellee, Balfour, Guthrie & Company, Limited. We affirm.

The instant dispute arises out of three contracts between the parties, whereby plaintiff sold to the defendant a certain quantity of Korean steel of certain specifications. Each contract contained the following arbitration clause:

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