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RITZEL COMMUNICATIONS v. MID-AMERICAN CELLULAR TELEPHONE CO.

No. 91-3212.

989 F.2d 966 (1993)

RITZEL COMMUNICATIONS, INC., Plaintiff, v. MID-AMERICAN CELLULAR TELEPHONE COMPANY, a Kansas Corporation; Mac-Tel Co., a Kansas Corporation; Alton Cellular, Inc., a Missouri Corporation, Defendants. Mid-American Cellular Telephone Company; Third Party-plaintiff-Appellee, Barclay Robert Goodwin, Jr.; Steven L. Johnson; Emmett M. Capper; D.C. Taylor; Tina M. Green; B & R Communications, c/o Richard N. Brown; Appollo Communications; Channel Communication, c/o Ted and Delores Landkammer, Third Party-defendant-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1993.

Rehearing and Rehearing Denied May 19, 1993.

Attorney(s) appearing for the Case

Frederick H. Riesmeyer, Kansas City, MO, argued, (J. Dale Youngs, on the brief), for appellants.

Mark D. Murphey, Kansas City, MO, argued (James Lieber, on the brief) for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

Rehearing and Rehearing En Banc Denied May 19, 1993.

JOHN R. GIBSON, Circuit Judge.

Barclay Robert Goodwin, Jr. and several associates1 appeal from the district court's denial of their motion to stay litigation and compel arbitration. While this appeal was pending, the Goodwin group proceeded to try the case in the district court. We now determine that by continuing to litigate in the district court and by failing to seek a stay...

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