Dorton v. Collins

Dorton v. Collins - Page: 197 Class Notes Dorton v. Collins...

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Page: 197 Class Notes Case: Court / Date: Judge: Facts: Issue: US Ct. of App. 6 th Cir. (1972) J. Celebreeze This is an appeal from the District Court's denial of Defendant- Appellant's motion for a stay pending arbitration The suit arose after a series of over 55 transactions during 1968, 1969, and 1970 in which Plaintiffs, carpet retailers in Kingsport, Tennessee, purchased carpets from Defendant. The Carpet Mart originally brought this action in a Tennessee state trial court, seeking compensatory and punitive damages in the amount of $450,000 from Collins & Aikman for the latter's alleged fraud, deceit, and misrepresentation in the sale of what were supposedly carpets manufactured from 100% Kodel polyester fiber. The Carpet Mart maintains that in May, 1970, in response to a customer complaint, it learned that not all of the carpets were manufactured from 100% Kodel polyester fiber but rather some were composed of a cheaper and inferior carpet fiber. After the cause was removed to the District Court on the
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Dorton v. Collins - Page: 197 Class Notes Dorton v. Collins...

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