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EHLEITER v. GRAPETREE SHORES, INC.

No. 06-2542.

482 F.3d 207 (2007)

Jack EHLEITER v. GRAPETREE SHORES, INC., Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed April 6, 2007.

Attorney(s) appearing for the Case

Joel H. Holt (Argued), St. Croix, USVI, Attorney for Appellee.

Charles E. Engeman (Argued), Simone R.D. Francis, Ogletree, Deakins, Nash, Smoak & Stewart, St. Thomas, USVI, Attorney for Appellant.

Before McKEE, BARRY and STAPLETON, Circuit Judges.

STAPLETON, Circuit Judge.

After litigating this case before the Superior Court of the Virgin Islands ("Superior Court") for nearly four years, Appellant Grapetree Shores, Inc. ("GSI") moved to stay the court proceedings pending arbitration pursuant to Section 3 of the Federal Arbitration Act ("FAA"). The Superior Court denied the motion, finding that GSI had waived any right it may have had by actively litigating the plaintiff's claims. The Appellate Division of the...

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