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EUGENE WATER AND ELEC. BD. v. MWH AMERICAS

A160312.

426 P.3d 142 (2018)

293 Or. App. 41

EUGENE WATER AND ELECTRIC BOARD, an Oregon municipal corporation, Plaintiff-Respondent, v. MWH AMERICAS, INC., a foreign corporation, Defendant, and Advanced American Construction, Inc., an Oregon corporation, Defendant-Appellant. Advanced American Construction, Inc., an Oregon corporation, Third-Party Plaintiff-Appellant, v. MacTaggart, Scott & Company Limited, a foreign business entity; and Olsson Industrial Electric, Inc., an Oregon corporation, Third-Party Defendants-Appellants.

Court of Appeals of Oregon.

July 25, 2018.

Attorney(s) appearing for the Case

Tara M. Johnson, Portland, argued the cause for appellant Advanced American Construction, Inc. Also on the briefs were Dan Gragg, and Seifer, Yeats, Zwierzynski & Gragg, LLP.

Jonathan Henderson, Portland, argued the cause for appellant Olsson Industrial Electric, Inc. Also on the briefs was Davis Rothwell Earle & Xochihua, P.C..

Susan T. Alterman, Robert B. Lowry, Mathew W. Lauritsen, and Kell, Alterman & Runstein, L.L.P., filed the brief for appellant MacTaggart, Scott & Company Limited. On the reply brief were Eileen I. McKillop and Sedgwick LLP.

Casey M. Nokes argued the cause for respondent. Also on the brief were Nicole A. W. Abercrombie and Cable Huston LLP, Portland.

Before DeVore, Presiding Judge, and Garrett, Judge, and James, Judge.

This case involves the procedure to compel arbitration and the applicability of a contractual arbitration provision to defendants who are not parties to the contract. We conclude that the trial court did not err in denying petitions to arbitrate or in concluding that the arbitration provision...

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