United States Eighth Circuit

In an action seeking a declaratory judgment that an oral agreement terminated an earlier agreement to arbitrate contractual disputes, as well as injunctive relief against defendant's demand for arbitration, denial of defendant's motion to dismiss or stay pending arbitration is affirmed where, because the earlier agreement did not include an express statement of the parties' intent to arbitrate questions of arbitrability, the district court did not err in concluding that the arbitrability issue must be resolved by a court in the same manner that any other dispute between the parties which they had not specifically agreed to arbitrate would be resolved.

Appellate Information

• Decided 02/13/2008
• Published 02/13/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alan S. Breckenridge, argued, St. Louis, MO, Jennifer A. Bierman, and James R. Crossweller and Gordon B. Conn, Jr., Minneapolis, MN, on the brief, for Appellant.


• For Appellees:
  
• JoAnn T. Sandifer, argued, St. Louis, MO, Bryce J. Bartlett, on the brief, for Appellee.