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  5. 656 F.2d 933 (1981)
 

IN RE MERCURY CONST. CORP.

Nos. 81-1009, 81-1042.

656 F.2d 933 (1981)

In re MERCURY CONSTRUCTION CORPORATION, Petitioner. MERCURY CONSTRUCTION CORPORATION, Appellant, v. The MOSES H. CONE MEMORIAL HOSPITAL, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 12, 1981.

Attorney(s) appearing for the Case

Stanley D. Bynum, Joseph B. Mays, Jr., Birmingham, Ala. (Bradley, Arant, Rose & White, Charles E. Nichols, Lindsay R. Davis, Jr., Nichols, Caffrey, Hill, Evans & Murrelle, Greensboro, N.C., on brief), for Mercury Const. Corp.

Jack W. Floyd, Greensboro, N.C. (Stephen P. Millikin, Douglas W. Ey, Jr., Smith, Moore, Smith, Schell & Hunter, Greensboro, N.C., on brief), for The Moses H. Cone Memorial Hospital.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE and ERVIN, Circuit Judges, sitting

Heard En Banc June 1, 1981.

DONALD RUSSELL, Circuit Judge:

The appellant Mercury Construction Company (hereafter Mercury)1 sought in this action arbitration under the Federal Arbitration Act2 of certain disputes between it and the Moses H. Cone Memorial Hospital (hereafter Hospital),3 under a construction contract between Mercury and the Hospital. Federal jurisdiction was...

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