U.S. Court of Appeals for the Eighth Circuit, 2001

Smart v. Sunshine Potato Flakes, L.L.C.

Smart v. Sunshine Potato Flakes, L.L.C.
U.S. Court of Appeals for the Eighth Circuit · Decided May 22, 2001 · Loken, Gibson, Fagg
10 F. App'x 385

Smart v. Sunshine Potato Flakes, L.L.C.

Opinion

PER CURIAM.

In August 1997, John Smart, John Smart & Associates, Inc., and Sunshine Potato Flakes, L.L.C., entered into an Exclusive Distributor Agreement containing a broad arbitration clause. The contractual relationship ended in January 2000, and arbitration proceedings commenced in which breach-of-contract claims and counterclaims have been asserted. John Smart and two of his companies filed this diversi *386 ty action against Sunshine, alleging that a post-termination letter from Sunshine’s plant manager to customers was defamatory. Responding to a motion by Sunshine, the district court 1 entered an order staying the lawsuit and directing the parties to arbitrate this dispute. The Smart plaintiffs appeal, arguing their defamation claims are not arbitrable.

Absent a district court certification under 28 U.S.C. § 1292(b)—and there was no such certification in this case—an interlocutory order staying an action and directing arbitration is not appealable. See 9 U.S.C. § 16(b); Lebanon Chem. Corp. v. United Farmers Plant Food, Inc., 179 F.3d 1095, 1102 (8th Cir. 1999). Accordingly, the appeal is dismissed for lack of jurisdiction. Appellee’s motion for an award of costs and attorneys’ fees is denied.

1

. The Honorable Rodney S. Webb, Chief Judge of the United States District Court for the District of North Dakota.

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