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FLINTKOTE CO. v. AVIVA PLC

No. 13-4055.

769 F.3d 215 (2014)

FLINTKOTE COMPANY v. AVIVA PLC, formerly known as Commercial Union Assurance Company Ltd., Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 9, 2014.

Attorney(s) appearing for the Case

Fred L. Alvarez, Esq. [Argued], Arthur J. McColgan, Esq. , Walker Wilcox Matousek, Chicago, IL, Thaddeus J. Weaver, Esq. , Dilworth Paxson, Wilmington, DE, Counsel for Appellant.

Louis A. Chiafullo, Esq. [Argued], Gita F. Rothschild, Esq. , McCarter & English, Newark, NJ, Michael P. Kelly, Esq. , Katharine L. Mayer, Esq. , McCarter & English, LLP, Wilmington, DE, Counsel for Appellee.

Before: SMITH, VANASKIE, and SHWARTZ, Circuit Judges.

OPINION OF THE COURT

VANASKIE, Circuit Judge.

This case involves an effort by Appellee The Flintkote Company (Flintkote) to compel arbitration on a theory of equitable estoppel against Appellant Aviva PLC (Aviva), a non-signatory to the agreement containing the arbitration clause at issue. Aviva appeals the District Court's order compelling arbitration and denying as moot Aviva's motion to dismiss or transfer. Applying Delaware law, we conclude that Aviva...

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