RILEY MFG. CO. v. ANCHOR GLASS CONTAINER CORP.

No. 96-3299.

157 F.3d 775 (1998)

RILEY MANUFACTURING COMPANY, INC., Plaintiff-Counter-Defendant-Appellee, v. ANCHOR GLASS CONTAINER CORPORATION, Defendant-Counter-Claimant-Appellant, and Trend Plastics, Inc., Defendant-Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

September 11, 1998.


Attorney(s) appearing for the Case

Steven L. Brannock, (Rebecca H. Steele with him on the briefs), Holland & Knight, LLP, Tampa, Florida, for appellant.

James Robert McKown, (Gardiner B. Davis with him on the brief), Spencer Fane Britt & Browne, LLP, Kansas City, Missouri, for appellee.

Before PORFILIO and EBEL, Circuit Judges, and BRETT, Senior District Judge.


EBEL, Circuit Judge.

This copyright and trade secret dispute between two former commercial partners, now competitors, requires us to examine the federal common law of arbitrability. Under that law, we disagree with the district court's conclusion that there was no valid and enforceable arbitration agreement between the parties. Instead, we find that at least a portion of the dispute in this case appears to be arbitrable. Therefore, we must reverse and remand.

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