Phillips Staffing Services Inc, doing business as All Star Staffing Services Inc. v. Tempay Inc

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40395
PHILLIPS STAFFING SERVICES INC, doing business as All Star Staffing
Services Inc.
Plaintiff - Appellee
v.
TEMPAY INC
Defendant - Appellant
Appeal from the United States District Court
for the Eastern District of Texas, Sherman
No. 4:05-CV-407
Before KING, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
We agree with the district court that defendant - appellant Tempay, Inc.
waived its right to arbitration set out in the Funding Agreement between
Tempay and plaintiff - appellee Phillips Staffing Services Inc., d/b/a All Star
Staffing Services, Inc. Accordingly, the order of the district court entered March
United States Court of Appeals
Fifth Circuit
F I L E D
March 4, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40395
2
23, 2007 denying Tempay’s motion to dismiss and stay is affirmed for essentially
the reasons given by the district court in that order.
AFFIRMED. The mandate shall issue forthwith.

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