Legal Opinion
Daisy Manufacturing Co., Inc., a Delaware Corporation v. Ncr Corporation, a Maryland Corporation
Court of Appeals for the Eighth Circuit
Decided July 8, 1994No. 93-3738PublishedCited by 77 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
This is an appeal from an order of the United States District Court for the Western District of Arkansas ** , denying a motion to compel arbitration and to stay court proceedings, on the ground that the parties had not entered into an agreement to arbitrate. We reverse and remand.
I
A. In 1976, the appellant NCR Corporation (NCR) entered into an agreement with Daisy Division Victor Comptometer Corporation governing the “terms and conditions” under which the customer would obtain “equipment, programs, and systems and maintenance services” from NCR. The contract,…
2Cases cited16 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, AppellantsCourt of Appeals for the Third Circuit · 1990
- Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
11 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
- Webb v. Investacorp, Inc.Court of Appeals for the Fifth Circuit · 1996
- Kevin Comer v. Micor, Inc. Kenneth C. Smith Elliot H. Wagner Barbara Arbucci, and Salomon Smith Barney, Inc.Court of Appeals for the Ninth Circuit · 2006
- Deborah Patterson v. Tenet Healthcare, Inc.Court of Appeals for the Eighth Circuit · 1997
- Popp Telcom, Formerly Known as Ldb International Corporation, Inc., Humbird Securities, Company Northern Securities, Company, Washington Sharecom, Inc. v. American Sharecom, Inc. Steven C. Simon James J. Weinert William J. King, Popp Telcom, Formerly Known as Ldb International Corporation, Inc., Humbird Securities, Company Northern Securities, Company, Washington Sharecom, Inc. v. American Sharecom, Inc. Steven C. Simon James J. Weinert William J. KingCourt of Appeals for the Eighth Circuit · 2000
72 more not listed; retrieve them via the Exa API.