T & R ENTERPRISES v. CONTINENTAL GRAIN CO.

No. 78-1295.

613 F.2d 1272 (1980)

T & R ENTERPRISES, INC., Plaintiff-Appellant, v. CONTINENTAL GRAIN COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1980.


Attorney(s) appearing for the Case

Robert W. Hanson, Albertville, Ala., Allen Poppleton, Birmingham, Ala., for plaintiff-appellant.

Johnston, Barton, Proctor, Swedlaw & Naff, Alan W. Heldman, Sydney Lavender, Birmingham, Ala., for defendant-appellee.

Before TUTTLE, FAY and THOMAS A. CLARK, Circuit Judges.


TUTTLE, Circuit Judge:

This appeal attacks a judgment confirming an arbitration award in favor of the defendant, Continental Grain Company (Continental) and against plaintiff-appellant, T & R Enterprises, Inc. (T & R). The appellant claims that the district court erred in (i) ordering the parties to proceed to arbitration in the face of an asserted dispute over the existence of an agreement to arbitrate, an issue which it claims should be submitted to a jury...

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