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MIDWEST WINDOW SYSTEMS v. AMCOR INDUSTRIES

No. 80-1067.

630 F.2d 535 (1980)

MIDWEST WINDOW SYSTEMS, INC., Plaintiff-Appellant, v. AMCOR INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 19, 1980.

Attorney(s) appearing for the Case

John Dale Stobbs, Alton, Ill., for plaintiff-appellant.

William G. Ohlhausen, St. Louis, Mo., for defendant-appellee.

Before CASTLE, Senior Circuit Judge, and SPRECHER and WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.1

The issue is whether or not a contractual obligation to arbitrate a dispute arising between two parties to a distributorship agreement was waived. We hold that waiver occurred and reverse.

Midwest Window Systems, Inc. (Midwest) is an Illinois corporation engaged in the business of selling and installing window systems. Midwest, pursuant to the distributorship agreement which contained the arbitration...

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