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VOLKSWAGEN OF AMERICA v. SUD'S OF PEORIA

No. 05-3276.

474 F.3d 966 (2007)

VOLKSWAGEN OF AMERICA, INCORPORATED, Plaintiff-Appellee, v. SUD's OF PEORIA, INCORPORATED, doing business as Volkswagen and Sud's Audi, an Illinois Corporation, Gian C. Sud, an Illinois Resident, Harish C. Sud, an Illinois Resident, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 2007.

Attorney(s) appearing for the Case

James R. Vogler, Steven J. Yatvin (argued), Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, for Plaintiff-Appellee.

Philip M. O'Donnell, Kingery, Durree, Wakeman & Ryan, Peoria, IL, Richard M. Karr (argued), Gordon & Karr, Chicago, IL, for Defendants-Appellants.

Before BAUER, RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Volkswagen of America, Inc. ("Volkswagen") brought this diversity action against one of its car dealerships, Süd's of Peoria, Inc. ("Süd's"), for breach of contract. Invoking the Federal Arbitration Act, 9 U.S.C. §§ 1-16, Süd's moved to stay the entire action pending arbitration. The district court denied the motion in part; Süd's now has appealed. See id. § 16. For the reasons set forth in the following...

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