Miller Brewing Company v. Fort Worth Distributing Co., Inc.

GOLDBERG, Circuit Judge:

This case has been brewing far too long. Things came to a head when plaintiff-appel-lee Fort Worth Distributing Company went into state court in 1980 to prevent Miller Brewing Company from terminating a distributorship agreement between the two companies. After having its state court suit dismissed with prejudice for want of prosecution, however, Fort Worth Distributing now invokes an arbitration clause in order to pursue essentially the same claim. We find Fort Worth Distributing’s case flat and stale at this juncture, and direct the district court to grant Miller…