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SOUTH LOUISIANA CEMENT v. VAN AALST BULK HANDLING

No. 03-31184.

383 F.3d 297 (2004)

SOUTH LOUISIANA CEMENT, INC., Plaintiff-Counter Defendant-Appellant, v. VAN AALST BULK HANDLING, B.V., Defendant-Appellee, and PBC Services, Inc., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 26, 2004.

Attorney(s) appearing for the Case

William Brett Mason (argued), Breazeale, Sachse & Wilson, Baton Rouge, LA, for South Louisiana Cement.

Robert H. Murphy, Ronald Joseph White, Murphy, Rogers & Sloss, New Orleans, LA, for Van Aalst Bulk Handling B.V.

Alfred J. Rufty, III (argued), Rufus C. Harris, III, Harris & Rufty, New Orleans, LA, for PBC Services, Inc.

Before DeMOSS, STEWART and PRADO, Circuit Judges.

DeMOSS, Circuit Judge:

This is an appeal from the district court's order sending all the claims and counterclaims in this litigation to arbitration, including the counterclaims of a non-signatory to the arbitration agreement who wanted to participant in the arbitration. The district court has not dismissed the case but rather stayed the proceedings pending the arbitration and administratively closed the case. We hold that because the district court ordered arbitration...

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