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NEBRASKA MACHINERY CO. v. CARGOTEC SOLUTIONS, LLC

No. 13-2753.

762 F.3d 737 (2014)

NEBRASKA MACHINERY COMPANY, Plaintiff-Appellee v. CARGOTEC SOLUTIONS, LLC, formerly known as Kalmar Industries, USA, LLC, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2014.

Attorney(s) appearing for the Case

Amy L. MacArdy, James P. Denis, Milwaukee, WI, for appellant.

Michael C. Cox, David Alan Yudelson, Omaha, NE, for appellee.

Before SMITH, BEAM, and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge.

Cargotec Solutions, LLC, ("Cargotec") appeals from the district court's determination that Cargotec's contract with Nebraska Machinery Company ("NMC") did not contain arbitration and indemnification provisions. We reverse and remand for the district court to hold a trial and resolve remaining fact issues.

I. BACKGROUND1

Cargotec, formerly known as Kalmar Industries, is in the business of manufacturing...

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