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McCARTHY v. AZURE

No. 93-1842.

22 F.3d 351 (1994)

Walton W. McCARTHY, Plaintiff, Appellee, v. Leo L. AZURE, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 28, 1994.

Attorney(s) appearing for the Case

David R. Goodnight, with whom Patrick D. McVey, Howard A. Coleman, Riddell, Williams, Bullitt & Walkinshaw, Seattle, WA, D. Donald Dufresne, and Devine, Millimet & Branch, Manchester, NH, were on brief, for appellant.

Charles A. Szypszak, with whom Richard B. Couser and Orr and Reno, P.A., Concord, NH, were on brief, for appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

This appeal presents intriguing questions anent the rights of a corporate officer who, having signed an agreement containing an arbitration clause in his official capacity, seeks to compel arbitration of claims lodged against him as an individual. The district court refused to order arbitration under these circumstances. We affirm.

I. BACKGROUND

For purposes of this appeal, the facts can be taken essentially as alleged. In 1987...

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