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EXPRESS SCRIPTS v. AEGON DIRECT MARKETING SERVICES

No. 07-1971.

516 F.3d 695 (2008)

EXPRESS SCRIPTS, INC., Plaintiff-Appellee, v. AEGON DIRECT MARKETING SERVICES, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 13, 2008.

Attorney(s) appearing for the Case

Alan S. Breckenridge, argued, St. Louis, MO, Jennifer A. Bierman, and James R. Crossweller and Gordon B. Conn, Jr., Minneapolis, MN, on the brief, for Appellant.

JoAnn T. Sandifer, argued, St. Louis, MO, Bryce J. Bartlett, on the brief, for Appellee.

Before MURPHY, MELLOY, and SMITH, Circuit Judges.

MURPHY, Circuit Judge.

Express Scripts, Inc. (ESI) brought this action against Aegon Direct Marketing Services, Inc. (Aegon) seeking a declaratory judgment that a 2000 oral agreement terminated an earlier agreement to arbitrate contractual disputes and injunctive relief against Aegon's demand for arbitration. Aegon moved to dismiss or for a stay pending arbitration. The district court1 denied...

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