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CREATIVE SOLUTIONS GROUP, INC. v. PENTZER CORP.

No. 01-1146.

252 F.3d 28 (2001)

CREATIVE SOLUTIONS GROUP, INC.; Form House Holdings, Inc., Plaintiffs-Appellees, v. PENTZER CORPORATION, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Lawrence A. Wojcik with whom Sonya D. Naar, Raj N. Shaw, Piper Marbury Rudnick & Wolfe, Edward P. Leibensperger, Marc A. Polk, Nutter, McClennen & Fish, LLP, were on brief for defendant-appellant Pentzer Corporation.

Mark D. Cahill with whom Robert A. Kole and Choate, Hall & Stewart were on brief for plaintiffs-appellees Creative Solutions Group, Inc. and Form House Holdings, Inc.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

This case presents the question of whether the disputes between the parties are subject to arbitration under their agreement and, to the extent they are, if arbitration has been waived.

The case arises out of an agreement ("the Agreement") by which plaintiffs Creative Solutions Group (through its predecessor, Heritage Fund II Investment Corporation — "Heritage") purchased the capital stock of five companies known as...

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