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SMILE INC. ASIA PTE. LTD. v. BRITESMILE MANAGEMENT

No. 20040614-CA.

122 P.3d 654 (2005)

2005 UT App 381

SMILE INC. ASIA PTE. LTD., a Singapore limited liability company, Plaintiff and Appellee, v. BRITESMILE MANAGEMENT, INC., a Utah corporation; and BriteSmile, Inc., Defendants and Appellants. BriteSmile Management, Inc., a Utah corporation, Counterclaim Plaintiff and Appellant, v. Smile Inc. Asia Pte. Ltd., a Singapore limited liability company, Counterclaim Defendant and Appellee.

Court of Appeals of Utah.

September 9, 2005.

Attorney(s) appearing for the Case

R. Stephen Marshall, Chad J. Pomeroy, and David W. Tufts, Durham Jones & Pinegar, Salt Lake City, for Appellants.

David M. Wahlquist, Merrill F. Nelson, and Karina Landward, Kirton & McConkie, Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and McHUGH.

OPINION

BILLINGS, Presiding Judge:

¶ 1 Appellants and Defendants BriteSmile Management, Inc. and BriteSmile, Inc. (collectively BriteSmile) challenge the trial court's denial of their motion to compel arbitration and stay litigation. Specifically, BriteSmile asserts the trial court erred by ruling that (1) it substantially participated in the present litigation in a manner inconsistent with an intent to arbitrate and (2) Appellee and Plaintiff Smile...

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