This section contains the nature of the case and procedural background.

North (P) entered into a contract with Greater (D) to sell telephone equipment to the Nigerian military. The deal fell through, but the contract had an arbitration clause that seemed to entitle D to a commission. P sued for reformation and D instituted arbitration proceedings. D moved to stay the reformation, but the court denied that motion. D appealed and the court of appeals dismissed under 1292 (a)(1). P moved to stay arbitration, and that motion was denied. P appealed.

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