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AVEDON ENGINEERING, INC. v. SEATEX

No. 96-1066.

126 F.3d 1279 (1997)

AVEDON ENGINEERING, INC., a Colorado corporation; as assignee of H.B.C., Inc., a Colorado corporation, Plaintiff-Appellant, v. SEATEX, a New York corporation; Consoltex, a New York corporation; The Balson-Hercules Group Ltd., a Rhode Island corporation and Does 1-20, whose true names are unknown, inclusive, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 3, 1997.

Attorney(s) appearing for the Case

John W. Gaddis, Grant, Bernard, Lyons & Gaddis, Longmont, CO, for Plaintiff-Appellant.

Mary P. Birk, Baker & Hostetler (Marjorie N. Sloan, Baker & Hostetler, with her on the brief), Denver, CO, for Defendants-Counter-Claimants-Appellees.

Before SEYMOUR, Chief Judge, BRORBY and KELLY, Circuit Judges.

SEYMOUR, Chief Judge.

In this breach of contract action against Seatex,1 Twist2 appeals the district court's denial of a jury trial on the issue of whether its contract with Seatex included an agreement to arbitrate, and the district court's stay of litigation pending arbitration. Twist also appeals the grant of summary judgment to Seatex for Twist's failure to timely arbitrate. Because we conclude the district...

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