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SAFETY NAT. CAS. CORP. v. BRISTOL-MYERS SQUIBB CO.

No. 99-40531.

214 F.3d 562 (2000)

SAFETY NATIONAL CASUALTY CORPORATION, Plaintiff-Appellant, v. BRISTOL-MYERS SQUIBB COMPANY; Medical Engineering Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 8, 2000.

Attorney(s) appearing for the Case

Andrew K. Epting, Jr. (argued), Pratt-Thomas, Pearce, Epting & Walker, Charleston, SC, Howard Louis Close, James H. Chesnutt, II, Gary Neale Reger, Orgain, Bell & Tucker, Beaumont, TX, for Plaintiff-Appellant.

Robert Q. Keith, Amy Keith, Keith & Weber, Johnson City, TX, Thomas W. Ladd (argued), Kevin J. Connell, Andrew T. Berry, McCarter & English, Newark, NJ, for Defendants-Appellees.

Before REAVLEY, DAVIS and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is the district court, in deference to a related Texas state court action, staying this action by Safety National Casualty Corporation, by which it seeks to compel arbitration with Bristol-Myers Squibb Company and Medical Engineering Corporation (collectively BMS). We VACATE and REMAND.

I.

The Texas state court action began in March 1993, when BMS sued Safety and more than 70 other insurers in its...

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