GAVLIK CONST. CO. v. H. F. CAMPBELL CO.

Nos. 75-1446, 75-1447, 75-2043 and 75-2044.

526 F.2d 777 (1975)

GAVLIK CONSTRUCTION COMPANY, a Pennsylvania Corporation, Appellant in Nos. 75-1446 and 75-2043, v. H. F. CAMPBELL COMPANY, a Michigan Corporation, Appellant in Nos. 75-1447 and 75-2044, v. The WICKES CORPORATION.

United States Court of Appeals, Third Circuit.

Decided October 31, 1975.


Attorney(s) appearing for the Case

Robert W. Lewis, Rowley, Smith & Lewis, Ambridge, Pa., for Gavlik Const. Co.

David M. FitzGerald, Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich., Keith H. West, Thorp, Reed & Armstrong, Pittsburgh, Pa., for H. F. Campbell Co.

James A. Wood, Wayman, Irvin, Trushel & McAuley, Pittsburgh, Pa., for third party appellee, The Wickes Corp.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

This diversity case presents the questions of whether a subcontractor-contractor-owner dispute must be arbitrated, and, if so, whether the parties' agreements provide for three-party consolidated arbitration. We hold, as did the district court, that there has been no waiver of the contractual right to arbitrate and that legal proceedings were properly stayed pending arbitration. However, we further hold, unlike...

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