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AGP INDUSTRIES v. JPS ELASTROMERICS CORP.

C.A. No. 07-30034-MAP.

511 F.Supp.2d 212 (2007)

AGP INDUSTRIES SA, (PERU) et al, Plaintiffs v. JPS ELASTROMERICS CORPORATION, STEVENS URETHANE DIVISION, Defendant.

United States District Court, D. Massachusetts.

September 20, 2007.

Attorney(s) appearing for the Case

Anthony M. Moccia, Peter Francis Carr, II, Eckert Seamans Cherin & Mellott, LLC, Boston, MA, for Plaintiffs.

David R. DiCicco, Powers, DiCicco & Sahagian, Lynnfield, MA, for Defendant.

MEMORANDUM AND ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

MICHAEL A. PONSOR, District Judge.

I. INTRODUCTION

This case concerns a "battle of the forms" and whether a valid and binding arbitration agreement exists between the parties. Plaintiffs, five AGP Group companies (collectively "AGP"), instituted this action for (1) a declaration that Plaintiffs are not bound to arbitrate disputes with the Defendant, JPS Elastomerics...

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