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CUMMINGS v. FEDEX GROUND PACKAGE SYSTEM, INC.

No. 04-1247.

404 F.3d 1258 (2005)

Gary L. CUMMINGS, an individual, James Bittle, and Sean Steiner, Plaintiffs-Appellees, v. FEDEX GROUND PACKAGE SYSTEM, INC., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 20, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs: Wade Warthen, Kissinger & Fellman, P.C., Denver, CO, Frank C. Botta and Ellen P. Milcic, Thorp Reed & Armstrong, LLP, Pittsburgh, PA, for Defendant-Appellant.

Max A. Minnig Jr., Denver, CO, for Plaintiffs-Appellees.

Before LUCERO, PORFILIO, and BALDOCK, Circuit Judges.

LUCERO, Circuit Judge.

This appeal involves a dispute regarding the scope of a narrowly drawn arbitration clause. The district court denied a motion by defendant FedEx Ground Package System, Inc. ("FedEx"), to compel arbitration of two claims contained in a complaint filed against it by plaintiffs Gary Cummings, James Bittle, and Sean Steiner. In June 2003, the plaintiffs brought suit against FedEx in Colorado state court asserting claims for rescission, fraud, negligent...

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