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NESTLE WATERS NORTH AMERICA, INC. v. BOLLMAN

No. 07-1031.

505 F.3d 498 (2007)

NESTLE WATERS NORTH AMERICA, INC., Plaintiff-Appellant, v. Donald P. BOLLMAN and Nancy G. Bollman, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 12, 2007.

Attorney(s) appearing for the Case

ARGUED: Adam H. Charnes, Kilpatrick Stockton, Winston-Salem, North Carolina, for Appellant. Jon R. Muth, Miller Johnson, Grand Rapids, Michigan, for Appellees. ON BRIEF: Adam H. Charnes, Kilpatrick Stockton, Winston-Salem, North Carolina, John M. DeVries, Douglas A. Donnell, Fredric N. Goldberg, Mika, Meyers, Beckett & Jones, Grand Rapids, Michigan, for Appellant. Jon R. Muth, Monica C. Inhulsen, Miller Johnson, Grand Rapids, Michigan, for Appellees.

Before: BOGGS, Chief Judge; and MARTIN and SUTTON, Circuit Judges.

OPINION

BOGGS, Chief Judge.

Nestle Waters North America, Inc. ("Nestle") appeals from the district court's dismissal of its claims against Donald and Nancy Bollman ("the Bollmans"). Nestle had sought declaratory and injunctive relief regarding its rights to certain subsurface waters that the Bollmans had deeded to it. Notably, the deed in question was silent regarding arbitration. In response, the Bollmans contended that the dispute fell within the scope...

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