UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-11205
Summary Calendar
GARY GARBER; LADONA GARBER,
Plaintiffs-Counter Defendants-Appellants,
VERSUS
SIR SPEEDY, INC.,
Defendant-Counter Claimant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(3:95-CV-2091
May 27, 1996
Before HIGGINBOTHAM, DUHÉ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:1
Appellants first sued Appellee in this contract dispute in
1991 in Nacogdoches County, Texas. Since that time the matter has
been before five different courts in one form or another. Before
this court Appellants complain of the stay of further federal
proceedings entered by the district court. We affirm.
Appellants argue that: There is no parallel state court
proceeding because that proceeding is stayed pending arbitration
called for by the contract. If pending, the state court proceeding
1
Pursuant to Local Rule 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
and this federal proceeding are not identical. The district court
erred in its application and analysis of the factors in River Water
Conservation District v. United States, 424 U.S. 800 (1976), and
Moses Cone Memorial Hospital v. Mercury Construction Corp., 460
U.S. 1 (1983). The district court should not have considered the
federal interest in arbitration. None of these arguments is
persuasive. The district court carefully analyzed the facts and
the law and we see no error committed by it. Accordingly we affirm
largely for the reasons articulated by the district court.
AFFIRMED.
2