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SHOWBOAT MARINA CASINO v. TONN & BLANK CONSTRUCTION CORP.

No. 45A03-0301-CV-3.

790 N.E.2d 595 (2003)

SHOWBOAT MARINA CASINO PARTNERSHIP, Harrah's East Chicago, Harrah's Operating Company Inc., and the City of East Chicago, Indiana for and on behalf of Department of Redevelopment, Appellants-Defendants, v. TONN & BLANK CONSTRUCTION, a Division of Alverno Construction Corporation, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 26, 2003.

Attorney(s) appearing for the Case

Harold Gus Hagberg, Hagberg, Mullen & Latulip, Schererville, IN, Ann C. Chalstrom (Pro Hac Vice), Clausen Miller P.C., Chicago, IL, Attorneys for Appellants.

Terrence L. Brookie, Julia Blackwell Gelinas, Lucy R. Dollens, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Showboat Marina Casino Partnership, et al. ("Showboat") appeals the trial court's denial of its motion to compel arbitration and stay litigation in favor of Tonn & Blank, the general construction contractor for the construction of Harrah's East Chicago Hotel ("the Project"). On appeal, Showboat argues that the trial court erroneously denied and enjoined arbitration, claiming that the construction agreement ("the Agreement") mandates...

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