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SOUTHARD v. NEWCOMB OIL COMPANY, LLC

No. 20-5318.

7 F.4th 451 (2021)

Michael SOUTHARD, Plaintiff-Appellee, v. NEWCOMB OIL COMPANY, LLC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2021.

Attorney(s) appearing for the Case

ARGUED: John O. Sheller , STOLL KEENON OGDEN PLLC, Louisville, Kentucky, for Appellant. Ori Edelstein , SCHNEIDER WALLACE COTTRELL KONECKY LLP, Emeryville, California, for Appellee. ON BRIEF: John O. Sheller , Jeffrey A. Calabrese , Steven T. Clark , STOLL KEENON OGDEN PLLC, Louisville, Kentucky, for Appellant. Ori Edelstein , Carolyn H. Cottrell , William Hogg , SCHNEIDER WALLACE COTTRELL KONECKY LLP, Emeryville, California, for Appellee.

Before: COLE, BUSH, and NALBANDIAN, Circuit Judges.

OPINION

To use the Federal Arbitration Act to enforce an arbitration agreement, a party must have entered an arbitration agreement. This admittedly tautological principle resolves the first part of this case. An equally fundamental principle resolves the second part: declining to exercise supplemental jurisdiction...

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