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NISSAN NORTH AMERICA v. JIM M'LADY OLDSMOBILE

No. 01-2993.

307 F.3d 601 (2002)

NISSAN NORTH AMERICA, INC., Petitioner-Appellee, v. JIM M'LADY OLDSMOBILE, INC., d.b.a. Jim M'Lady Nissan, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 2002.

Rehearing and Suggestion for Rehearing Denied November 4, 2002.

Attorney(s) appearing for the Case

Kevin A. Russell, Janet Malloy Link (Argued), Latham & Watkins, Chicago, IL, for Plaintiff-Appellee.

James C. Geoly (Argued), Burke, Warren, Mackay & Serritella, Chicago, IL, for Defendant-Appellant.

Before BAUER, ROVNER, and WILLIAMS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 4, 2002.

ILANA DIAMOND ROVNER, Circuit Judge.

Jim M'Lady Nissan appeals from the district court's order compelling it to arbitrate a dispute concerning Nissan North America's announced intention to drop M'Lady as one of its dealers. Our doubts that Nissan produced sufficient evidence of arbitrability, coupled with M'Lady's lack of opportunity to introduce evidence rebutting arbitrability given...

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