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C & O DEVELOPMENT CO. v. AMERICAN ARBITRATION ASS'N

No. 8011DC168.

269 S.E.2d 685 (1980)

48 N.C. App. 548

C & O DEVELOPMENT COMPANY, Plaintiff, v. AMERICAN ARBITRATION ASSOCIATION, Defendant; G. J. Hopkins, Incorporated, Intervenor; Nello L. Teer Company, Intervenor.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Mast, Tew, Nall & Lucas, P. A., by George B. Mast and Joseph T. Nall, Smithfield, for plaintiff-appellee.

Osterhoudt, Ferguson & Natt, P. A., by Charles H. Osterhoudt, Salem, Va., and Daughtry, Hinton, Woodard, Murphy & Ragland, P. A., by Stephen C. Woodard, Jr., Smithfield, for intervenor-defendant G. J. Hopkins.

WELLS, Judge.

The first issue we must resolve concerns the justiciability of the present action-whether the trial court had authority to enjoin arbitration on grounds of res judicata or collateral estoppel. Defendant argues that G.S. 1-567.31 limits the basis upon which a court may stay arbitration proceedings solely to the issue of whether a written agreement to arbitrate a particular dispute exists and that all other matters,...

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