HERSMAN, INC. v. FLEMING COMPANIES, INC.

No. CIV. A. 98-A-840-S.

19 F.Supp.2d 1282 (1998)

HERSMAN, INC., a Florida corporation, Don Hersman, an individual, and Frances Hersman, an individual, Plaintiffs, v. FLEMING COMPANIES, INC., an Oklahoma corporation, Defendant.

United States District Court, M.D. Alabama, Southern Division.

October 16, 1998.


Attorney(s) appearing for the Case

Edward M. Price, J. Vincent Edge, Dothan, AL, for Plaintiffs.

Jarrod J. White, Donald J. Stewart, Mobile, AL, for Defendant.


MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

This matter is before the court on a motion to compel arbitration and to dismiss the action or stay judicial proceedings, filed by Defendant Fleming Companies, Inc. For the reasons which follow, the motion to compel arbitration is due to be DENIED.

I. FACTS

Plaintiffs Don and Frances Hersman are the sole shareholders of Hersman, Inc., which owns and operates a Piggly Wiggly...

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