Legal Opinion

HIM PORTLAND, LLC v. Devito Builders, Inc.

District Court, D. Maine

Decided July 26, 2002No. 2:02-cv-00074Published

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

Before the Court is a motion to compel arbitration and to stay the above-captioned proceedings pending arbitration, which has been brought by HIM Portland, LLC, a Massachusetts corporation with a principal place of business in Longmeadow, Massachusetts (hereinafter “HIM Portland”). DeVito Builders, Inc., a Florida corporation with a principal place of business in Tampa, Florida (hereinafter “DeVito”), objects to the motion, arguing that HIM Portland has waived the right to arbitrate by proceeding with litigation in default of the…

2Cases cited5 opinions

  1. Glover v. St. Louis-San Francisco Railway Co.Supreme Court of the United States · 1969
  2. McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
  3. Brennan v. KingCourt of Appeals for the First Circuit · 1998
  4. Kemiron Atlantic, Inc. v. Aguakem International, Inc.Court of Appeals for the Eleventh Circuit · 2002
  5. Shook of West Virginia, Inc. v. York City Sewer AuthorityDistrict Court, M.D. Pennsylvania · 1991

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