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HUBER, HUNT & NICHOLS v. ARCHITECTURAL STONE CO.

No. 78-2575.

625 F.2d 22 (1980)

HUBER, HUNT & NICHOLS, INC., Plaintiff-Appellant, v. ARCHITECTURAL STONE CO., INC., a Louisiana Corporation, and State of Louisiana, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 27, 1980.

Attorney(s) appearing for the Case

Russ M. Herman, Fred L. Herman, New Orleans, La., Christopher Kirages, Indianapolis, Ind., for plaintiff-appellant.

Henican, James & Cleveland, C. Ellis Henican, New Orleans, La., for Architectural Stone Co.

Robert E. Redmann, La. Dept. of Justice, Bruce P. Anderson, New Orleans, La., for State of Louisiana.

Before THORNBERRY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges.

HENDERSON, Circuit Judge:

The appellant, the plaintiff below, filed this suit to compel the defendants-appellees to submit two contract disputes to a single arbitration panel. The district court treated the matter as one of state law and denied relief. Because federal law controls the outcome of the case we must vacate the judgment and remand to the trial court to determine a difficult threshold eleventh amendment question.

Huber, Hunt & Nichols, Inc....

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