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CABINETREE OF WIS. INC. v. KRAFTMAID CABINETRY, INC.

No. 94-2872.

50 F.3d 388 (1995)

CABINETREE OF WISCONSIN, INCORPORATED, Plaintiff-Appellee, v. KRAFTMAID CABINETRY, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 3, 1995.

Attorney(s) appearing for the Case

Gordon F. Barrington, Wauwatosa, WI (argued), for plaintiff-appellee Cabinetree of Wisconsin, Inc.

Thomas R. Schrimpf, Hinshaw & Culbertson, Milwaukee, WI (argued), for defendant-appellant Kraftmaid Cabinetry, Inc.

Before POSNER, Chief Judge, and CUMMINGS and ROVNER, Circuit Judges.

POSNER, Chief Judge.

This appeal in a diversity breach of contract suit requires us to consider the circumstances in which a procedural choice operates as a waiver of a contractual right to arbitrate. The plaintiff, Cabinetree, had made a contract with the defendant, Kraftmaid, in 1989 whereby Cabinetree became a franchised distributor in Wisconsin of kitchen and bath cabinets made by Kraftmaid. In September 1993, Cabinetree filed suit in a Wisconsin state court against...

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