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HUNTSVILLE GOLF DEV. v. BRINDLEY CONST. CO.

No. CV-92-N-2008-NE.

847 F.Supp. 1551 (1992)

HUNTSVILLE GOLF DEVELOPMENT, INC., Plaintiff, v. BRINDLEY CONSTRUCTION COMPANY, INC. and Aetna Casualty and Surety Company, Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

Order January 13, 1993.

Attorney(s) appearing for the Case

Jesse P. Evans, III, Edward P. Meyerson, Najjar Denaburg, P.C., Birmingham, AL, for Huntsville Golf Development, Inc.

Oscar M. Price, III, Robert Smith Vance, Jr., Johnston Barton Proctor Swedlaw & Naff, Birmingham, AL, for Brindley Const. Co., Inc.

John F. DeBuys, Jr., Mark McCarroll Lawson, Burr & Forman, Birmingham, AL, for Aetna Cas. and Sur. Co., a Connecticut corp.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

In December of 1989, Huntsville Golf Development (HGD) and Brindley Construction Company (Brindley) entered into a contract under which Brindley was to construct a condominium project for HGD1. The contract contained a provision requiring arbitration in the event of disputes arising out of the contract (Plaintiff's Exhibit 3A, last page). On February 12, 1990, the parties...

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