Hoffman Construction Company of Oregon, an Oregon Corporation v. Active Erectors and Installers, Inc., a Washington Corporation

RYMER, Circuit Judge:

After receiving a favorable judgment against Hoffman Construction Company in Alaska state court, Active Erectors and Installers, Inc. filed a demand for arbitration of its RICO claim against Hoffman, a claim which Active had not litigated in state court. Hoffman then brought this suit for declaratory and injunctive relief in order- to forestall such an arbitration. The district court granted a permanent injunction in Hoffman’s favor. The court reasoned that Active waived its right to arbitrate its RICO claim when it opted to proceed in state court, and that the state…