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GOOD SAMARITAN COFFEE v. LaRUE DISTRIBUTING

No. S-07-300.

748 N.W.2d 367 (2008)

275 Neb. 674

GOOD SAMARITAN COFFEE COMPANY, a Nebraska Corporation, Appellee, v. LaRUE DISTRIBUTING, INC., a Nebraska Corporation, Doing Business as LaRue Coffee, et al., Appellants.

Supreme Court of Nebraska.

May 9, 2008.

Attorney(s) appearing for the Case

John C. Nimmer, Omaha, and Michael T. Levy for appellants.

Mark A. Weber and Kylie A. Wolf, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Good Samaritan Coffee Company (Good Samaritan) filed a complaint against the defendants, alleging breach of contract and tortious interference with a business relationship. The contract at issue contained an arbitration clause. More than 3 years after Good Samaritan filed its original complaint, the defendants filed a motion to stay the case and compel arbitration. The district court denied the defendants' motion, finding that the defendants had waived...

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