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TENNECO RESINS, INC. v. DAVY INTERN., AG

No. 84-2676 Summary Calendar.

770 F.2d 416 (1985)

TENNECO RESINS, INC., and Tenn-USS Chemicals Co., Plaintiffs-Appellees, v. DAVY INTERNATIONAL, AG and/or Davy McKee International, AG, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 6, 1985.

Attorney(s) appearing for the Case

Steven K. DeWolf, Butler & Binion, Allied Bank Plaza, Houston, Tex., for defendants-appellants.

Edward J. Murphy, Bettina Ellen Brownstein, Houston, Tex., for Tenneco Resins, Inc.

Robert M. Julian, Houston, Tex., for Atlantic Cargo Services.

Before CLARK, Chief Judge, GARWOOD and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant appeals the denial of its motion to stay the district court proceedings pending arbitration. We reverse.

FACTS AND PROCEEDINGS BELOW

On May 16, 1980, appellant, Davy McKee Ag (Davy), contracted with appellee, Tenneco Resins, Inc. (Tenneco), to supply catalyst on the basis of F.O.B. North German Seaport. That contract also provided that:

"If any dispute or difference shall arise, except with respect to patent...

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