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SNAP-ON TOOLS CORP. v. MASON

No. 93-7317.

18 F.3d 1261 (1994)

SNAP-ON TOOLS CORPORATION, Plaintiff-Appellant, v. Barney MASON, Jr. and Sandra Mason, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 15, 1994.

Attorney(s) appearing for the Case

Stacy Obenhaus, Harold H. Walker, Jr., Gardere & Wynne, Dallas, TX, James F. Stern, Michael Bowen, Foley & Lardner, Milwaukee, WI, for plaintiff-appellant.

Frank W. Mitchell, G.P. Hardy, III, Houston, TX, for defendants-appellees.

Before HIGGINBOTHAM and WIENER, Circuit Judges, and KAUFMAN, District Judge.

FRANK A. KAUFMAN, District Judge:

On January 24, 1989, Barney Mason entered into a written Dealer Agreement with Snap-On, pursuant to which Mason became a non-exclusive distributor of various Snap-on tools. The Dealer Agreement includes the following provision governing arbitration of disputes between the parties:

RESOLUTION OF DISPUTES — ARBITRATION. Any controversy or dispute arising out of or relating to this Agreement, or breach thereof including...

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