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M.C. CONST. CORP. v. GRAY CO.

Civil Action No. 98-7-D.

17 F.Supp.2d 541 (1998)

M.C. CONSTRUCTION CORP., Plaintiff, v. GRAY COMPANY, Defendant.

United States District Court, W.D. Virginia, Danville Division.

July 30, 1998.

Attorney(s) appearing for the Case

William Weldon Bennett, Jr., William W. Bennett, Jr. & Associates, Halifax, VA, James A.L. Daniel, Daniel, Vaughan, Medley & Smitherman, P.C., Danville, VA, Darren Joseph Duzyk, Stites & Harbison, Lexington, KY, for James N. Gray Co.

James A.L. Daniel, Daniel, Vaughan, Medley & Smitherman, P.C., Danville, VA, for M.C. Const. Co.

MEMORANDUM OPINION

KISER, Senior District Judge.

The parties' cross motions for summary judgment are currently before the court. For the reasons stated herein, I am of the opinion that, (1) the plaintiff's motion should be DENIED, (2) the defendant's motion for summary judgment should be GRANTED as to the defendant's counterclaim for a declaratory judgment that the Federal Arbitration Act preempts Va.Code Ann. § 8.01-262.1 and (3) because I am...

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