BRANCHVILLE MACHINERY CO., INC. v. AGCO CORP.

No. CIV.A. 2.02CV917.

252 F.Supp.2d 307 (2003)

BRANCHVILLE MACHINERY CO., INC., Plaintiff, v. AGCO CORPORATION, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

March 18, 2003.


Attorney(s) appearing for the Case

Joshua Pretlow, Jr., Pretlow, Eason & Pretlow, Suffolk, VA, Thomas P. Howel IV, Day Edwards Propester & Christensen PC, Oklahoma, OK, Counsel for plaintiff.

David N. Anthony, Kaufman & Canoles PC, Norfolk, VA, Thomas B. Gary, Stuart W. Gray, Freeman Mathis & Gary LLP, Atlanta, GA, Counsel for defendant.


MEMORANDUM OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court on defendant AGCO Corporation's ("AGCO") Motion to Dismiss and Compel Arbitration or, in the Alternative, Motion to Stay, filed pursuant to Federal Rule of Civil Procedure 12(b)(1) and 9 U.S.C. § 1 et seq. For the reasons stated below, defendant's motion is GRANTED in part and DENIED in part.

Factual and...

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