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MARTIN K. EBY CONST. CO. v. CITY OF ARVADA, COLO.

Civ. A. No. 81-C-860.

522 F.Supp. 449 (1981)

MARTIN K. EBY CONSTRUCTION CO., INC., Plaintiff, v. CITY OF ARVADA, COLORADO, Defendant and Third-Party Plaintiff, v. PRC ENGINEERING CONSULTANTS, INC., formerly known as Engineering Consultants, Inc., Third-Party Defendant.

United States District Court, D. Colorado.

September 4, 1981.

Attorney(s) appearing for the Case

Overton A. Currie, Ronald G. Robey, Smith, Currie & Hancock, Atlanta, Ga., Philip E. Lowery, Denver, Colo., for plaintiff.

Philip E. Riedesel, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for defendant and third-party plaintiff.

Hugh J. McClearn, Michael J. Cook, Conover, McClearn, Heppenstall & Kearns, P.C., Denver, Colo., for third-party defendant.

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

Plaintiff, Martin K. Eby Construction Co., Inc. (hereafter, "Eby") brings this suit against the defendant City of Arvada, Colorado (hereafter, "Arvada") pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Eby seeks enforcement of an arbitration clause contained in a contract between it and Arvada. In its enforcement petition, Eby has...

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