United States Seventh Circuit

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Duthie v. Matria Healthcare, Inc., 08-1699

In a suit arising out of alleged fraud by officers of a corporation acquired by defendant, a preliminary injunction preventing defendant from proceeding with an arbitration hearing on the fraud claims is affirmed where the merger agreement between the two companies did not mandate arbitration of the types of claims defendant asserted against plaintiffs.

Appellate Information

  • Argued 05/27/2008
  • Decided 08/28/2008
  • Published 08/28/2008

Judges

  • WILLIAMS, Circuit Judge., Before ROVNER, WILLIAMS, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Kristen E. Hudson, Bradley P. Nelson (argued), Schopf & Weiss LLP, Chicago, IL, for Plaintiffs-Appellees., Gregory J. Scandaglia, Scandaglia & Ryan, Chicago, IL, William M. Withrow, Jr. (argued), Troutman Sanders, Atlanta, GA, for Defendant-Appellant.

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