St. Mary's Medical Center of Evansville, Incorporated v. Disco Aluminum Products Company, Incorporated, N/k/a Luminar Products, Incorporated

MANION, Circuit Judge.

St. Mary’s Medical Center sued Disco Aluminum Products, Inc. for breaching a warranty in a construction contract. A little more than eight months after St. Mary’s filed its complaint, Disco requested arbitration pursuant to the contract and asked the district court to stay the case pending arbitration pursuant to § 3 of the Federal Arbitration Act, 9 U.S.C. § 3. St. Mary’s resisted on the ground that Disco had waived its right to arbitration and asked the district court to stay arbitration. The district court agreed with St. Mary’s that Disco had waived arbitration,…