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MILLER BREWING CO. v. FORT WORTH DISTRIBUTING CO.

No. 85-1156.

781 F.2d 494 (1986)

MILLER BREWING COMPANY, Plaintiff-Appellant, v. FORT WORTH DISTRIBUTING CO., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 1986.

Attorney(s) appearing for the Case

John T. Helm, Cecil W. Casterline, Mark M. Petzinger, Drew R. Heard, Dallas, Tex., for plaintiff-appellant.

Goins, Underkofler, Crawford, Durwood D. Crawford, Dallas, Tex., for defendant-appellee.

Before GOLDBERG, REAVLEY and GARWOOD, Circuit Judges.

GOLDBERG, Circuit Judge:

This case has been brewing far too long. Things came to a head when plaintiff-appellee Fort Worth Distributing Company went into state court in 1980 to prevent Miller Brewing Company from terminating a distributorship agreement between the two companies. After having its state court suit dismissed with prejudice for want of prosecution, however, Fort Worth Distributing now invokes an arbitration clause in order to pursue essentially the same...

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