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IN RE CROSS ELEC. CO., INC.

Bankruptcy No. 7-80-01033, Adv. No. 7-80-0249.

9 B.R. 408 (1981)

In re CROSS ELECTRIC COMPANY, INC., Debtor. CROSS ELECTRIC COMPANY, INC., Plaintiff, v. JOHN DRIGGS COMPANY, INC. and The Aetna Casualty and Surety Company and Commonwealth of Virginia, Department of Highways and Transportation, Defendant.

United States Bankruptcy Court, W.D. Virginia, Roanoke Division.

March 5, 1981.

Attorney(s) appearing for the Case

M. Lanier Woodrum, Roanoke, Va., for plaintiff.

Hazlegrove, Dickinson & Rea, Roanoke, Va., for John Driggs and Aetna Cas. & Sur. Co.

Richard L. Walton, Jr., Asst. Atty. Gen., Commonwealth of Virginia, Richmond, Va., for debtor.

MEMORANDUM OPINION

H. CLYDE PEARSON, Bankruptcy Judge.

The question presented, appearing to be one of first impression under the Bankruptcy Reform Act of 1978, is whether this Chapter 11 Debtor, Cross Electric Company, Inc., (Cross) who seeks to recover on a contract made between said Debtor and Defendant, John Driggs Company, Inc. (Driggs), prior to the filing of the petition herein, is compelled to proceed to arbitration in accordance with an arbitration...

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