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LARRY'S UNITED SUPER, INC. v. WERRIES

No. 99-3202.

253 F.3d 1083 (2001)

LARRY'S UNITED SUPER, INC.; Bi-Lo Market, Inc.; Bob's United Super, Inc.; Richmond Hill's United Super, Inc.; Bob's IGA Grocery Company; Richards, Inc.; Peach Lane, Inc.; Westwood United Super, Inc.; Ram Foods, Inc.; Franks Food Mart, Inc.; ADJ, Inc.; Noland Grocery, Inc.; Ray's Foods, Inc., a Missouri Corporation, Appellees, v. Dean WERRIES; Byron Duffield; Fleming Companies, Inc., an Oklahoma Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2001.

Rehearing and Rehearing Denied: July 20, 2001.

Attorney(s) appearing for the Case

Thomas C. Walsh, Bryan Cave LLP, St. Louis, MO, for appellants.

R. Edward Murphy, Watkins, Boulware, Lucas, Miner, Murphy & Taylor, LLP, St. Joseph, MO, for appellees.

Before BOWMAN and HANSEN, Circuit Judges, and CARMAN, Judge.

Rehearing and Rehearing En Banc Denied: July 20, 2001.

HANSEN, Circuit Judge.

After being sued by a group of independent retail grocers with whom it held supply agreements, the Fleming Companies, Inc. (Fleming) and two of Fleming's former officers moved to compel arbitration of the dispute. The district court denied the motion as to all of the plaintiffs but two.2 Fleming and the former officers appeal. We reverse and remand for...

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