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MPACT CONST. GROUP LLC v. SUPERIOR CONCRETE CONSTRUCTORS, INC.

No. 26S01-0307-CV-349.

802 N.E.2d 901 (2004)

MPACT CONSTRUCTION GROUP, LLC, Appellant (Defendant below), v. SUPERIOR CONCRETE CONSTRUCTORS, INC., Appellee (Plaintiff below), and Flying J, Inc., FJI Plaza Company III, LLC, Lehman Brothers Holdings, Inc. d/b/a Lehman Capital, a Division of Lehman Brothers Holdings, Inc., Gary's Plumbing Service, Inc., Koberstein Trucking, Inc., Combs Landscape & Nursery, Inc, B & B Electric Co., Inc., June Rinsch, in her capacity as the Gibson County Treasurer, Appellees (Defendants below), and J.D. Music Tile Company, Inc., and E & B Paving, Inc., Appellees (Intervenors below).

Supreme Court of Indiana.

February 4, 2004.

Attorney(s) appearing for the Case

Steven S. Hoar, Evansville, IN, Don L. Smith, Nashville, TN, Attorneys for Appellant.

Angela L. Freel, James D. Johnson, R. Steven Krohn, James E. Stoltz, Robert F. Stayman, Evansville, IN, Jerry D. Stilwell, Princeton, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 26A01-0209-CV-345.

SULLIVAN, Justice.

When the owner failed to pay for work and supplies on its travel plaza, a subcontractor foreclosed on its mechanic's lien. The general contractor sought to compel arbitration among the owner, general, and all subcontractors. While we acknowledge arbitration's utility in this kind of multiparty dispute, our inspection...

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