MATTERHORN, INC. v. NCR CORP.

No. 84-2789.

763 F.2d 866 (1985)

MATTERHORN, INC., Plaintiff-Appellee, v. NCR CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 1985.


Attorney(s) appearing for the Case

William J. Reinke, Barnes & Thornburg, South Bend, Ind., for plaintiff-appellee.

R. Davy Eaglesfield, III, Mishkin, Cromer, Eaglesfield & Maher, Indianapolis, Ind., for defendant-appellant.

Before ESCHBACH and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.


POSNER, Circuit Judge.

Matterhorn, Inc. brought a diversity suit against NCR Corporation (formerly National Cash Register) for breach of contract. NCR has filed an appeal, which raises a difficult issue of arbitrability, from the denial of its motion to compel Matterhorn to arbitrate the contract dispute, and to stay Matterhorn's lawsuit until the arbitration was completed. The motion was brought under 9 U.S.C. § 4, which provides a federal remedy against refusing...

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