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RHONE-POULENC SPECIALITES CHIMIQUES v. SCM CORP.

Appeal No. 84-1557.

769 F.2d 1569 (1985)

RHONE-POULENC SPECIALITES CHIMIQUES, and Rhone-Poulenc Inc., Plaintiffs-Appellees, v. SCM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 6, 1985.

Attorney(s) appearing for the Case

Hal D. Cooper, Jones, Day, Reavis & Pogue, Cleveland, Ohio, argued for defendant-appellant; with him on the brief were Kenneth R. Adamo, Cleveland, Ohio, and Samuel Friedman, SCM Chemicals Division of SCM Corp., of New York City, N.Y., of counsel and Steven A. Werber, Commander, Legler, Werber, Dawes and Sadler, of Jacksonville, Fla., of counsel.

Norman H. Stepno, Burns, Doane, Swecker & Mathis, Alexandria, Virginia, argued for plaintiffs-appellees; with him on the brief were Ronald L. Grudziecki, and Eric H. Weisblatt, Alexandria, Va., of counsel.

George L. Hudspeth and Thomas F. Harkins, Jr., Mahoney, Hadlow & Adams, Jacksonville, Fla., of counsel.

Vincent E. DeFelice, Rhone-Poulenc, Inc., Monmouth Junction, N.J., of counsel.

Before RICH, BALDWIN, and KASHIWA, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the July 20, 1984, Order of the U.S. District Court for the Middle District of Florida, Jacksonville Division, denying the motion of SCM Corporation (SCM) for stay of proceedings pending arbitration pursuant to 9 U.S.C. § 3. We vacate and remand.

Background

On January 1, 1979, Rhone-Poulenc Specialites Chimiques, a French corporation, and Rhone-Poulenc Inc. (Rhone or RPI) entered into an exclusive...

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