Berger Farms v. First Interstate Bank

Defendant, a national bank, appeals from two trial court orders that denied two motions it made pursuant to section 3 of the Federal Arbitration Act (9 USC §§ 1-16) to stay plaintiffs’ action and refer their claims to arbitration. The issue is whether plaintiffs’ claims fall within the scope of arbitration agreements among the parties. We vacate the second order and affirm in part and reverse in part the first order.

The arbitration agreements at issue are contained in two loan agreements and three continuing unconditional guarantees between defendant First Interstate Bank of Oregon and…