United States Eighth Circuit

In a construction dispute, the denial of defendant's motion to compel arbitration is affirmed where defendant waived its right to arbitrate by participating in the litigation through conducting discovery and moving for judgment on the pleadings.

Appellate Information

• Decided 12/07/2009
• Published 12/07/2009

Judges

• HANSEN, Circuit Judge., Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Danielle Jo Cole, argued, Atlanta, GA, David Powell, Clayborne S. Stone, on the brief, Little Rock, AR, Jack Gary Kowalski, on the brief, Atlanta, GA, for appellant.


• For Appellees:
  
• Sharon N. Freytag, argued, Michael Hood, on the brief, Dallas, TX, for appellee.