Folse v. Richard Wolf Medical Instruments Corp.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is the district court’s denial of the motion of Richard Wolf Medical Instruments Corp. to compel a return to arbitration and to stay Ron Folse’s action concerning the same dispute. We REVERSE AND REMAND.

I

In January 1988, Folse entered into a sales representative agreement with Wolf. The agreement required any dispute arising from the employment to be resolved through arbitration. 1

Following Folse’s resignation in September 1991, a dispute arose over the failures of Wolf to pay sales commissions due Folse, and of Folse to return inventory (sample…