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STATE EX REL. UNITED ASPHALT v. SANDERS

No. 25319.

511 S.E.2d 134 (1998)

204 W.Va. 23

STATE of West Virginia ex rel. UNITED ASPHALT SUPPLIERS, INC., Petitioner, v. Honorable David H. SANDERS, Judge of the Circuit Court of Berkeley County; Martinsburg L.L.C.; Giant Food Stores, Inc.; Richard D. Poole, Inc.; and United Paving, Inc., A West Virginia Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 10, 1998.

Attorney(s) appearing for the Case

Susan Snowden, Esq., Douglas S. Rockwell, Esq., Joseph L. Caltrider, Esq., Martin & Seibert, Martinsburg, West Virginia, Attorneys for Petitioner.

Michael D. Lorenson, Esq., Bowles, Rice, McDavid, Graff & Love, Martinsburg, West Virginia, David Flores, Esq., Harmon & Davies, P.C., Lancaster, Pennsylvania, Attorneys for Martinsburg L.L.C., Giant Food Stores & Richard D. Poole.

WORKMAN, Justice:

Petitioner United Asphalt Suppliers, Inc. ("United Asphalt") seeks a writ of prohibition in connection with the March 19, 1998, order of the Circuit Court of Berkeley County directing it to participate in arbitration proceedings. As a nonsignatory to any contract containing an arbitration clause, Petitioner argues that it should be permitted to seek redress in a judicial forum. Having thoroughly reviewed this matter, we conclude that the lower court...

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