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HIM PORTLAND, LLC v. DEVITO BUILDERS, INC.

No. 02-1955.

317 F.3d 41 (2003)

HIM PORTLAND, LLC, Plaintiff, Appellant, v. DEVITO BUILDERS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 17, 2003.

Attorney(s) appearing for the Case

Philip P. Mancini, with whom Paul M. Koziell and Drummond & Drummond, LLP were on brief, for appellant.

Louis B. Butterfield, with whom Olafsen & Butterfield was on brief, for appellee.

Before TORRUELLA, Circuit Judge, CYR and STAHL, Senior Circuit Judges.

TORRUELLA, Circuit Judge.

This case requires us to decide whether a party to an arbitration agreement that is subject to conditions precedent can, without satisfying those conditions, compel arbitration under the Federal Arbitration Act. ("FAA"). HIM Portland ("HIM") moved the district court, pursuant to an arbitration agreement, to compel DeVito Builders ("DeVito") to arbitrate a contract dispute between them. DeVito contends that their agreement provided that a...

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