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OWENS & MINOR MEDICAL v. INNOVATIVE MARKETING & DISTRIBUTION SERVS.

No. 97-2146.

711 So.2d 176 (1998)

OWENS & MINOR MEDICAL, INC., Appellant, v. INNOVATIVE MARKETING AND DISTRIBUTION SERVICES, INC. a/k/a Haines Healthcare, Haines & Brown, Inc., f/k/a BHR Enterprises, Inc., a Florida corporation, and Superior Surgical, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

May 13, 1998.

Attorney(s) appearing for the Case

Michael W. Ullman of Ullman & Ullman, P.A., Fort Lauderdale, and Richard A. Warren, Miami, for appellant.

Randy D. Ellison, West Palm Beach, and Charles M. Eiss of Glantz and Glantz, P.A., Plantation, for Appellee Innovative Marketing and Distribution Services, Inc., a/k/a Haines Healthcare.

GROSS, Judge.

This is an appeal from an order denying a motion to stay a counterclaim and compel arbitration. We affirm.

The parties entered into a contract under which appellee would solicit orders for medical items from health care entities. Appellant was to supply the products to fill the orders. The contract provided that either party "may submit any dispute arising from [the] Agreement to arbitration by sending...

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