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DONALDSON CO., INC. v. BURROUGHS DIESEL, INC.

No. 08-2705.

581 F.3d 726 (2009)

DONALDSON COMPANY, INC., Plaintiff-Appellee, v. BURROUGHS DIESEL, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 16, 2009.

Attorney(s) appearing for the Case

Michael Goss, Joseph F. Yeckel, St. Louis, MO, for appellant.

Reed Waller Sugg, Bryan Patrick Cavanaugh, St. Louis, MO, Roger James Magnuson, Minneapolis, MN, Richard M. Dye, Robert A. Miller, Jackson, MS, for appellee.

Before SMITH, GRUENDER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Donaldson Company, Inc., a nonsignatory, seeks to compel arbitration against Burroughs Diesel, Inc., a signatory to an agreement with an arbitration clause. The district court ordered arbitration. Burroughs appeals. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.1

I.

In 1999, Burroughs signed a Dealer Full Service Agreement with Western Star Truck Sales, Inc...

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