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Fleetwood Enterprises, Inc. v. Gaskamp

United States Court of Appeals, Fifth Circuit
Aug 21, 2002
303 F.3d 570 (5th Cir. 2002)

Summary

holding that "because the Gaskamp children are not signatories to the contract or third-party beneficiaries thereof, and because they have not sought to enforce the contract, the children cannot be required to arbitrate"

Summary of this case from S.S. by and through Stern v. Peloton Interactive, Inc.

Opinion

No. 01-20334.

August 21, 2002.

Lionel Mark Schooler, Jackson Walker, Houston, TX, Micahel S. Simpson, Jackson Walker, Austin, TX, for Fleetwood Enterprises, Inc. and Fleetwood Homes of Mississippi, Inc.

Stuart Victor Kusin, Randall W. Wilson, Susman Godfrey, Houston, TX, for Georgia Pacific Corp.

David James Sacks, Kathleen H. Boll, Sacks Associates, Cletus P. Ernster, III, Taylor, David Ernster, Houston, TX, for Defendants-Appellants.

Appeal from the United States District Court for the Southern District of Texas; Lynn N. Hughes, Judge.

ON PETITION FOR REHEARING AND REHEARING EN BANC

(Opinion Jan. 24, 2002, 5th Cir., 280 F.3d 1069)

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.


The Petition for Rehearing is DENIED and no member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, ( Fed.R.App.P. and 5th Cir. R. 35) the Petition for Rehearing En Banc is also DENIED. Nevertheless, we supplement our previous opinion in this case, 280 F.3d 1069 (5th Cir. 2002), to note that on remand the district court may consider whether a stay of the nonarbitrable claims is appropriate under § 3 of the Federal Arbitration Act.


Summaries of

Fleetwood Enterprises, Inc. v. Gaskamp

United States Court of Appeals, Fifth Circuit
Aug 21, 2002
303 F.3d 570 (5th Cir. 2002)

holding that "because the Gaskamp children are not signatories to the contract or third-party beneficiaries thereof, and because they have not sought to enforce the contract, the children cannot be required to arbitrate"

Summary of this case from S.S. by and through Stern v. Peloton Interactive, Inc.

holding that minor children were not bound to arbitrate injuries suffered as result of formaldehyde inhalation because children were neither signatories to mobile-home sales contract signed by their parents nor third-party beneficiaries of that contract

Summary of this case from Hojnowski v. Vans Skate Park
Case details for

Fleetwood Enterprises, Inc. v. Gaskamp

Case Details

Full title:FLEETWOOD ENTERPRISES, INC.; Fleetwood Homes of Mississippi, Inc.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 21, 2002

Citations

303 F.3d 570 (5th Cir. 2002)

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