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SUBWAY EQUIPMENT LEASING CORP. v. FORTE

No. 97-31236.

169 F.3d 324 (1999)

SUBWAY EQUIPMENT LEASING CORPORATION; Subway Restaurants, Inc., Plaintiffs-Appellants, v. Bonnie FORTE, wife of/and; Charles N. Forte; Selena Rankins, wife of/and; Frank R. Rankins; Dorothy Sims, wife of/and; Earl Sims, Jr., Defendants-Counter Claimants-Appellees, v. Doctor's Associates, Inc., doing business as Subway; Frederick A. DeLuca, Counter Defendants-Appellants. Earl Sims; Subway Development of Louisiana, Inc.; Subway Management Group of Louisiana, Plaintiffs-Appellees, v. Doctor's Associates, Inc.; Frederick DeLuca; Subway Restaurants, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 24, 1999.

Attorney(s) appearing for the Case

Edward Wood Dunham, Wiggins & Dana, New Haven, CT, for Plaintiffs-Appellants and Counter Defendants-Appellants.

James C. Ferguson, Ferguson & Associates, Baton Rouge, LA, David Maxwell Duree, Reinert & Duree, St. Louis, MO, for Plaintiffs-Appellees and Defendants-Counter-Claimants-Appellees.

Before JOLLY, DUHE and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Doctor's Associates, Inc. ("DAI") and companies associated with DAI appeal a district court ruling denying their motion for a stay pending arbitration. The district court held that DAI and its associates had invoked the judicial process thereby creating a significant delay that prejudiced the opposing parties and that DAI had therefore waived its right to arbitration. Because DAI has not invoked the judicial process with respect to the...

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