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AGGROW OILS, L.L.C. v. NATIONAL UNION FIRE INS.

No. 99-4319.

242 F.3d 777 (2001)

AGGROW OILS, L.L.C., Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 7, 2001.

Attorney(s) appearing for the Case

Marvin T. Fabyanske, argued, Minneapolis, MN, for appellant.

Craig R. Campbell, argued, Moorhead, MN (Dee Nelle L. Ruud Stephenson on the brief), for appellee.

Before LOKEN, LAY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

National Union Fire Insurance Company ("National") issued a performance bond guaranteeing the obligations of T.E. Ibberson Company ("TEI") under a contract between TEI and AgGrow Oils, L.L.C. ("AgGrow"). AgGrow filed this action against National to recover on the bond, claiming that TEI was in default of its contractual obligations. National moved to stay the litigation pending mandatory arbitration under the TEI/AgGrow contract, which was incorporated...

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