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WOLSEY, LTD. v. FOODMAKER, INC.

No. 96-56345.

144 F.3d 1205 (1998)

WOLSEY, LTD., a Hong Kong corporation, Plaintiff-Appellee, v. FOODMAKER, INC., a Delaware corporation; Foodmaker International Franchising, Inc., a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1998.

Attorney(s) appearing for the Case

J. Anthony Sinclitico, III, Alan B. Lawhead, Jeffrey L. Mengoli, Gibson, Dunn & Crutcher, L.L.P., San Diego, California, for defendants-appellants.

Dennis O'Dorisio, Lynn E. Wedell, R. Craig Zafis, Urquhart, O'Dorisio & Wedell, San Diego, California, for plaintiff-appellee.

Before: BEEZER, THOMPSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this suit to compel arbitration, we must examine the interplay between federal and state law in the application of a contract's arbitration clause.

I

In February of 1991, Foodmaker International ("Foodmaker"), a franchiser of Jack in the Box fast food restaurants, entered into a Development Agreement with Wolsey, Ltd. ("Wolsey"), a Hong Kong corporation, which gave Wolsey the right to develop Jack in the Box restaurants...

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