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SHY v. NAVISTAR INTERN. CORP.

No. 14-3251.

781 F.3d 820 (2015)

ART SHY, et al., Plaintiffs, v. NAVISTAR INTERNATIONAL CORPORATION, et al., Defendants, Navistar, Inc., Defendant-Appellant, Supplemental Benefit Committee of the Navistar International Transportation Corp. Retiree Supplemental Benefit Program, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2015.

Attorney(s) appearing for the Case

ARGUED: Sally J. Scott , Franczek Radelet, P.C., Chicago, Illinois, for Appellant. Sarah A. Zumwalt , Groom Law Group, Chartered, Washington, D.C., for Appellee. ON BRIEF: Sally J. Scott , David P. Radelet , Abizer Zanzi , William R. Pokorny , Franczek Radelet, P.C., Chicago, Illinois, David P. Pierce , Coolidge Wall Co., L.P.A., Dayton, Ohio, for Appellant. Sarah A. Zumwalt , Edward A. Scallet , Groom Law Group, Chartered, Washington, D.C., Kevin L. Murphy , Graydon Head & Ritchey LLP, Fort Mitchell, Kentucky, for Appellee.

Before: SUHRHEINRICH, CLAY, and ROGERS, Circuit Judges.

OPINION

This appeal concerns whether a particular contract-interpretation dispute involving corporate structure is subject to the provision in the contract for arbitration by an accounting firm, and also whether the party seeking arbitration waived its right to arbitrate through its conduct before and during litigation...

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