United States Eighth Circuit

District court's decision concluding arbitration claim was waived is affirmed. Summary judgment on breach of contract and prima facie tort counterclaims are reversed, as disparaging communications were made within the confines of the lawsuit and Missouri law would not allow a prima facie tort claim.

Appellate Information

• Decided 12/08/2003
• Published 12/08/2003

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, FAGG, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joan M. Swartz, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Phyllis Pollard, argued, Austin, TX (John S. Sandberg, St. Louis, MO, on the brief), for appellee.