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033831P.pdf   09/23/2005  CD Partners  v.  Jerry Grizzle
   U.S. Court of Appeals Case No:  03-3831
   Southern District of Iowa   
   [PUBLISHED] [Bye, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Arbitration. Nonsignatories could enforce arbitration 
   clauses in franchise agreements between CDWI and CD Partners; first, 
   the relationship between the signatory CDWI and the nonsignatories 
   officers of CDWI was sufficiently close that only by permitting the 
   nonsignatories to invoke arbitration may evisceration of the arbitration 
   agreement between the signatories be avoided; second, the plaintiffs' tort 
   claims against the three nonsignatories reply upon, refer to, and presume 
   the existence of the written agreement between CD Partners and the 
   signatory CDWI; district court erred in refusing to compel arbitration on 
   the tort claims, and the case is remanded for further proceedings. Judge 
   Smith, dissenting.