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SINK v. ADEN ENTERPRISES, INC.

No. 02-35323.

352 F.3d 1197 (2003)

Todd SINK, Plaintiff-Appellee, v. ADEN ENTERPRISES, INC., a California corporation; and Michael Luther, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2003.

Attorney(s) appearing for the Case

John B. Morrow, Erickson & Sederstrom, P.C., Omaha, Nebraska, for the defendants-appellants.

Stephen L. Brischetto, Portland, Oregon, for the plaintiff-appellee.

Before: Ruggero J. ALDISERT, Susan P. GRABER, and Ronald M. GOULD, Circuit Judges.

Submitted September 12, 2003* — Portland, Oregon.

OPINION

GOULD, Circuit Judge:

We consider whether the Federal Arbitration Act requires a district court to stay an action and order arbitration when the party seeking to compel arbitration has previously defaulted in proceeding with arbitration.

I

On May 25, 2000, appellee Todd Sink ("Sink") sued appellants Aden Enterprises and Michael Luther ...

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