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AMERICAN ITALIAN PASTA CO. v. AUSTIN CO.

No. 89-2751.

914 F.2d 1103 (1990)

AMERICAN ITALIAN PASTA COMPANY, Appellee, v. The AUSTIN COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 21, 1990.

As Corrected October 26, 1990.

Attorney(s) appearing for the Case

J. Randall Coffey, Kansas City, Mo., for appellant.

Roy Bash, Kansas City, Mo., for appellee.

Before ARNOLD and WOLLMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

WOLLMAN, Circuit Judge.

The Austin Company appeals from the district court's order denying its motion to compel arbitration. We reverse.

I.

American Italian Pasta Company (American Pasta) entered into a contract with Austin under which Austin agreed to design and build a pasta factory. Article 16 of the contract provides:

In the event of any dispute or disagreement arising under this contract, it is mutually agreed, that upon written notice...

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