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ANDERSONS, INC. v. HORTON FARMS, INC.

Nos. 96-2287, 96-2353, 97-1010 and 97-2133.

166 F.3d 308 (1998)

The ANDERSONS, INC., an Ohio Corporation, Plaintiff-Cross/Appellant (96-2353), Plaintiff-Appellee (96-2287; 97-1010/2133), v. HORTON FARMS, INC., a Michigan Corporation, Defendant-Appellant (96-2287; 97-1010/2133), Rodney Horton, individually, Defendant-Cross/Appellee (96-2353).

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Anthony P.A. Patti (argued and briefed), Angela L. Jackson, Bruce T. Wallace (briefed), Hooper, Hathaway, Price, Beuche & Wallace, Ann Arbor, Michigan, for Appellant.

Stephen S. Muhich (argued and briefed), David G. Hagens (briefed), Dykema Gossett, Grand Rapids, Michigan, for Appellee.

James Roland Wierenga (argued and briefed), David & Associates, Grand Rapids, Michigan, for Cross/Appellee.

Timothy John Smith, Marc L. Fleischaker, Nancy S. Appel, Arent, Fox, Kentner, Plotkin & Kahn, Washington, DC, for Amicus Curiae.

Before: CONTIE, BATCHELDER, and MOORE, Circuit Judges.

BATCHELDER, Circuit Judge.

Defendant/Appellant Horton Farms, Inc. ("Horton Farms") appeals the district court's decisions compelling it to arbitrate contract disputes with Plaintiff/Appellee/Cross-Appellant The Andersons, Inc. ("The Andersons"), striking its counterclaims, and confirming the eventual arbitration award. The Andersons cross-appeals the district court's order finding that Rodney Horton was not individually liable on the contracts in question and granting...

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