JOHNSON CONTROLS, INC. v. CITY OF CEDAR RAPIDS, IOWA

No. 82-1412.

713 F.2d 370 (1983)

JOHNSON CONTROLS, INC., Appellees, v. CITY OF CEDAR RAPIDS, IOWA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1983.


Attorney(s) appearing for the Case

Simmons, Perrine, Albright & Ellwood, Robert C. Tilden, Roger W. Stone, Cedar Rapids, Iowa, Leonard, Street & Deinard, Lowell J. Noteboom, Michael A. Nekich, Minneapolis, Minn., for appellant.

B.C. Hart, Betty L. Hum, Briggs & Morgan, St. Paul, Minn., Robert E. Konchar, Thomas R. Buresh, Moyer & Bergman, Cedar Rapids, Iowa, for appellee Johnson Controls, Inc.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


McMILLIAN, Circuit Judge.

The City of Cedar Rapids (the City) appeals from a final order entered in the District Court1 for the Northern District of Iowa compelling the City to arbitrate a claim for cost over-runs submitted by Johnson Controls, Inc. (Johnson) pursuant to Johnson's contract with the City. For reversal the City argues (1) that the district court misconstrued its contract with Johnson by finding that this dispute was subject...

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