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.