REPUBLIC INS. CO. v. PAICO RECEIVABLES, LLC

No. 03-11156.

383 F.3d 341 (2004)

REPUBLIC INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellant, v. PAICO RECEIVABLES, LLC, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 2004.


Attorney(s) appearing for the Case

Don D. Martinson (argued), Robert Harris Fugate, Fanning, Harper & Martinson, Dallas, TX, for Republic Ins. Co.

Mary Cannon Veed (argued), Jenifer Caracciolo, Arnstein & Lehr, Chicago, IL, for PAICO Receivables, LLC.

Before DAVIS, EMILIO M. GARZA and PRADO, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Republic Insurance Company ("Republic") appeals the district court's denial of its motion to compel arbitration of its contract dispute with PAICO Receivables, LLC ("PRLLC"). Republic claims that the district court incorrectly ruled that it waived its right to arbitrate its dispute with PRLLC. We find that Republic substantially invoked the judicial process to the prejudice of PRLLC, and the district court properly found that Republic...

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