BARKER v. GOLF U.S.A., INC.

No. 97-4243.

154 F.3d 788 (1998)

Charles S. BARKER; Express Golf, Inc., Appellants, v. GOLF U.S.A., INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 20, 1998.

Rehearing and Suggestion for Rehearing Denied September 29, 1998.


Attorney(s) appearing for the Case

David M. Duree, St. Louis, Missouri, argued, for Appellants.

Thomas J. Green, St. Louis, Missouri, argued (Bradley A. Winters, on the brief), for Appellee.

Before BOWMAN, Chief Judge, HEANEY, and HANSEN, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied September 29, 1998.*

BOWMAN, Chief Judge.

Express Golf, Inc., a franchisee, and Charles Barker, its owner, sued Golf U.S.A., Inc., the franchisor, for fraud in state court. The case was removed to federal district court on diversity grounds, whereupon Golf U.S.A. moved to dismiss on the ground that an arbitration clause in the franchise agreement required arbitration of the...

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