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STANDARD CO., ETC. v. ELLIOT CONST. CO., INC.

Nos. 11867, 11868.

359 So.2d 224 (1978)

STANDARD COMPANY OF NEW ORLEANS, INC. v. ELLIOTT CONSTRUCTION CO., INC., et al. ELLIOTT CONSTRUCTION CO., INC. v. DIV. OF ADMINISTRATION, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Writ Granted March 31, 1978.

Attorney(s) appearing for the Case

James Ryan, III, Jack M. Alltmont, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, of counsel, for plaintiff-appellee Standard Co. of New Orleans, Inc.

Gordon A. Pugh, Baton Rouge, of counsel, for defendant-appellee Elliott Const. Co.

Jay H. Kern, Robert E. Redmann, New Orleans, of counsel, for defendant-appellant Division of Administration, State of La.

Before LOTTINGER, EDWARDS and PONDER, JJ.

PONDER, Judge.

The Division of Administration, State of Louisiana, appeals from judgments denying a motion to stay arbitration and ordering it to arbitrate.

The issues are (1) whether the court or an arbitrator should decide the question of waiver, and (2) whether the requirement to arbitrate has been waived. The lower court held that the arbitrator should decide the issue of waiver. We reverse and remand one case and reverse and render in the other.

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