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WASTE MGMT. v. RESIDUOS INDUSTRIALES MULTIQUIM

No. 03-21119.

372 F.3d 339 (2004)

WASTE MANAGEMENT, INC., Plaintiff-Appellee, v. RESIDUOS INDUSTRIALES MULTIQUIM, S.A. de C.V., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 2004.

Attorney(s) appearing for the Case

S. Shawn Stephens (argued), Charlie E. Baumann, Christopher Benjamin Dove, Locke, Liddell & Sapp, Houston, TX, for Plaintiff-Appellee.

Reginald R. Smith, William Wiley Russell (argued), Christian Albert Garza, King & Spalding, Houston, TX, for Defendant-Appellant.

Before JOLLY, DUHÉ and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Waste Management, Inc. ("WM") sued Residuos Industriales Multiquim, S.A. de C.V. ("RIMSA") on various equitable claims in Texas state court. RIMSA removed the case and filed a motion to stay litigation in the light of an ongoing arbitration between WM and RIMSA's parent company, CGEA Onyx, S.A. ("Onyx"). The district court denied the motion, and RIMSA appealed. WM, contending that because RIMSA had no right to a mandatory stay under...

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