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CITY OF NAPLES v. PREPAKT CONCRETE COMPANY

No. 73-1367.

490 F.2d 182 (1974)

CITY OF NAPLES, Plaintiff-Appellee, v. The PREPAKT CONCRETE COMPANY and American Employers' Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 23, 1974.

Attorney(s) appearing for the Case

Mark Hicks, Miami, Fla., for American Employers' Ins. Co.

John C. Ausley, Tallahassee, Fla., Leslie Hynes, New York City, for Prepakt Concrete Co.

Carl R. Pennington, Jr., Tallahassee, Fla., Charles K. Allan, Naples, Fla., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.

Rehearing Denied May 23, 1974. See 494 F.2d 511.

GODBOLD, Circuit Judge:

Prepakt, an Ohio corporation, and the City of Naples, Florida, entered into a contract that contained an arbitration clause. The contract did not specify the place where arbitration hearings, should they become necessary, would be held, but it implied that any dispute over locale was to be decided by the American...

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