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PRO TECH INDUSTRIES, INC. v. URS CORP.

No. 03-3329.

377 F.3d 868 (2004)

PRO TECH INDUSTRIES, INC., d/b/a Fusion Seal Corporation, Appellant, v. URS CORPORATION, d/b/a URS Group, Inc.; American Home Assurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2004.

Attorney(s) appearing for the Case

David M. Duree, argued, O'Fallon, IL, for appellant.

Rebecca P. Tenbrook, argued, St. Louis, MO (Randall Thompson, St. Louis on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, RILEY, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

This appeal asks whether the parties should be compelled to arbitrate a dispute. The parties clearly agreed to arbitrate, and the dispute falls squarely within their broad arbitration agreement. However, Pro Tech Industries, Inc. (Pro Tech) contends the agreement to arbitrate is unenforceable because (1) URS Corporation (URS) failed to make a required demand for arbitration of Pro Tech's claims, and URS thereby waived its right to arbitrate,...

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