IN RE F & T CONTRACTORS, INC.

Nos. 79-1058, 79-1059.

649 F.2d 1229 (1981)

In re F & T CONTRACTORS, INC., Bankrupt. David A. CUVRELL, Trustee, Plaintiff-Appellant, v. Richard MAZUR, Robert Warren and Leon Hadley, Defendants-Appellees, David A. CUVRELL, Trustee, Plaintiff-Appellee, v. OLD ORCHARD BY the BAY ASSOCIATES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1981.


Attorney(s) appearing for the Case

William W. Wumkes, Winegarden, Booth, Ricker, Shedd & Haley, Dennis M. Haley, Flint, Mich., for David A. Cuvrell.

Timothy A. Fusco, Dykema, Gossett, Spencer, Goodnow & Trigg, Troy, Mich., for Mazur, Warren, Hadley and Old Orchard by the Bay Associates.

Before KEITH and JONES, Circuit Judges, and BATTISTI, Chief Judge.


KEITH, J. Circuit Judge.

This appeal involves two related cases which were consolidated in the bankruptcy court. Old Orchard By The Bay Associates ("Old Orchard") appeals from the judgment of the district court, Judge Harvey, which affirmed a decision of the bankruptcy court denying the company's request to have a breach of contract claim resolved by arbitration as provided for in the contract between the bankrupt and Old Orchard. In the related action, the trustee...

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