Larry Linville v. Conagra, No. 04-2957 (8th Cir. 2006)

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Court Description: Civil Case - arbitration. District court's order compelling arbitration and dismissing claims against one defendant is summarily affirmed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-2957 ___________ Larry Linville; Myron Holland, * * Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. ConAgra, Inc., doing business as * ConAgra Frozen Foods, Inc.; * [UNPUBLISHED] Jim Nesbitt, * * Appellees. * ___________ Submitted: May 30, 2006 Filed: June 26, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. Larry Linville and Myron Holland (plaintiffs) appeal from the district court s1 order compelling arbitration. They also appeal the dismissal of defendant Jim Nesbitt, which was certified as a final order pursuant to Fed. R. Civ. P. 54(b). We conclude that the district court properly compelled arbitration and properly dismissed plaintiffs 1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas. claims against Nesbitt for the reasons discussed by the court. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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