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I.S. JOSEPH CO., INC. v. MICHIGAN SUGAR CO.

No. 85-5400.

803 F.2d 396 (1986)

I.S. JOSEPH COMPANY, INCORPORATED, v. MICHIGAN SUGAR COMPANY. MICHIGAN SUGAR COMPANY, v. I.S. JOSEPH COMPANY. MICHIGAN SUGAR COMPANY, Appellant, v. JOSCO CROWN INTERNATIONAL, LTD., (non-party), Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1986.

Attorney(s) appearing for the Case

Steven K. Champlin, Minneapolis, Minn., for appellant.

David F. Herr, Minneapolis, Minn., for appellee.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and LARSON, Senior District Judge.

ARNOLD, Circuit Judge.

This case involves the question whether a party to a commercial arbitration agreement can be compelled to arbitrate with the assignee of the entity with which it first agreed to arbitrate. More specifically, we are called on to decide who — the arbitrator or the court — must determine the present validity and enforceability of the arbitration agreement. The United States District Court for the District of Minnesota compelled arbitration...

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