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GREAT AMERICAN INS. CO. v. HINKLE CONTRACTING

Civil Action No. 2:11-cv-00396.

826 F.Supp.2d 969 (2011)

GREAT AMERICAN INSURANCE COMPANY, Plaintiff, v. HINKLE CONTRACTING CORPORATION, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

December 5, 2011.

Attorney(s) appearing for the Case

H.F. Salsbery, Frost Brown Todd, Charleston, WV, Timothy D. Martin, Ward Hocker & Thornton, Louisville, KY, for Plaintiff.

Buckner Hinkle, Jr., Stites & Harbison, Lexington, KY, Stephen L. Thompson, Barth & Thompson, Charleston, WV, Steven M. Henderson, Stites & Harbison, Louisville, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the Defendant's Motion to Dismiss or Stay Proceedings Pending Arbitration [Docket 15]. For the reasons discussed below, this motion is DENIED.

I. Background

A. Facts and Procedural Posture

Hinkle Contracting Company, LLC ("Hinkle" and "HCC") entered into a contract with the West Virginia Department of Transportation to...

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