ST. MARY'S MEDICAL CTR. OF EVANSVILLE v. DISCO ALUM. PRODUCTS CO.

No. 91-2544.

969 F.2d 585 (1992)

ST. MARY'S MEDICAL CENTER OF EVANSVILLE, INCORPORATED, Plaintiff-Appellee, v. DISCO ALUMINUM PRODUCTS COMPANY, INCORPORATED, n/k/a Luminar Products, Incorporated, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1992.


Attorney(s) appearing for the Case

Patrick A. Shoulders (argued), Ziemer, Stayman, Weitzel & Shoulders, Evansville, Ind., for plaintiff-appellee.

R. Stephen LaPlante, Mark E. Miller, Stone, Keck, LaPlante & Folz, Evansville, Ind., Cyrus L. Booker, M. Clark Spoden (argued), Dearborn & Ewing, Nashville, Tenn., for defendant-appellant.

Before CUDAHY, COFFEY, and MANION, Circuit Judges.


MANION, Circuit Judge.

St. Mary's Medical Center sued Disco Aluminum Products, Inc. for breaching a warranty in a construction contract. A little more than eight months after St. Mary's filed its complaint, Disco requested arbitration pursuant to the contract and asked the district court to stay the case pending arbitration pursuant to § 3 of the Federal Arbitration Act, 9 U.S.C. § 3. St. Mary's resisted on the ground that Disco had waived its right to arbitration...

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