[Download] "Leo Merriweather v. State" by Court of Criminal Appeals of Alabama * eBook PDF Kindle ePub Free
eBook details
- Title: Leo Merriweather v. State
- Author : Court of Criminal Appeals of Alabama
- Release Date : January 28, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This appeal involves a disagreement over the enforceability of predispute arbitration agreements between chicken growers (plaintiffs) and Continental Grain Company, Inc., a poultry products retailer (defendant). The issue is whether the trial court erred in denying the retailers motion to compel arbitration of the growers fraud claims. We hold that the arbitration agreements meet the requirements of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and are enforceable against all growers who agreed in writing to arbitrate, but not against the grower who did not agree in writing to arbitrate; therefore, we affirm in part and reverse in part and remand. In so holding, we follow the "contemplation" test set forth in Ex parte Warren, 548 So. 2d 157 (Ala.), cert. denied sub nom. Jim Skinner Ford, Inc. v. Warren, 493 U.S. 998, 110 S. Ct. 554, 107 L. Ed. 2d 550 (1989), and reaffirmed in Ex parte Jones, [Ms. 1920249, July 16, 1993] So. 2d (Ala. 1993), as this Courts test for determining whether a particular contract involves interstate commerce for purposes of the Federal Arbitration Act.