WHITESIDE v. TELTECH CORP.

Nos. 90-3144, 90-3145 and 90-3164.

940 F.2d 99 (1991)

John M. WHITESIDE, Plaintiff-Appellant, v. TELTECH CORPORATION; Telic Corporation; National Telephone Services, Incorporated, Defendants-Appellees. John WHITESIDE, Plaintiff-Appellant, v. Ronald J. HAAN, Defendant-Appellee. John WHITESIDE, Plaintiff-Appellant, v. TELTECH CORPORATION; Telic Corporation; National Telephone Services, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1991.


Attorney(s) appearing for the Case

Loren Kieve, argued (Ann M. Ashton, Charles R. Monroe, Jr., on brief), Debevoise & Plimpton, Washington, D.C., for plaintiff-appellant.

Lawrence Howard Schwartz, argued (Nicholas H. Hantzes, Karen M. Simonek, on brief), Cooter & Gell, Washington, D.C., for defendants-appellees.

Before WILKINSON and NIEMEYER, Circuit Judges, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.


OPINION

NIEMEYER, Circuit Judge:

This appeal raises questions about rights created by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq. (1988), in the context of an employment dispute. The issue is whether the district court improperly refused to hear a federal suit to compel arbitration when the dispute sought to be arbitrated is the subject of a pending state case. Because the district court failed to recognize its independent duty to...

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