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TRIPPE MFG. CO. v. NILES AUDIO CORP.

No. 03-4101.

401 F.3d 529 (2005)

TRIPPE MANUFACTURING COMPANY, an Illinois corporation, Appellant v. NILES AUDIO CORPORATION, a Florida corporation.

United States Court of Appeals, Third Circuit.

March 18, 2005.

Attorney(s) appearing for the Case

Randi W. Kochman, Cole, Schotz, Meisel, Forman & Leonard, Hackensack, NJ, and Nathan H. Lichtenstein (argued), Paul A. Greenberg, Aronberg, Goldgehn, Davis & Garmisa, Chicago, IL, for Appellant.

Anthony P. Callaghan, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, and Stephen E. Nagin (argued), Catherine A. Van Horn, Nagin, Gallop & Figueredo, Miami, FL, for Appellee.

Before ALITO, McKEE, and SMITH, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

Trippe Manufacturing Co. ("Trippe") appeals an order denying its motion for summary judgment and granting a motion by Niles Audio Corporation ("Niles") to compel arbitration. Because a duty to arbitrate must be founded upon a contractual obligation, we reverse the order compelling arbitration with regard to claims asserted by Niles that are unrelated to obligations expressly assumed by Trippe through the Asset Purchase...

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