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CINCINNATI GAS & ELEC. CO. v. BENJAMIN F. SHAW CO.

No. 82-3038.

706 F.2d 155 (1983)

The CINCINNATI GAS & ELECTRIC COMPANY and the Dayton Power and Light Company, Plaintiffs-Appellants, v. BENJAMIN F. SHAW COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1983.

Attorney(s) appearing for the Case

Douglas G. Cole, Strauss, Troy & Ruehlmann Co., William Jacobs (argued), Cincinnati, Ohio, for plaintiffs-appellants.

Glenn Whitaker, William R. Hardy, Cincinnati, Ohio, Henry C. Mabry, Walter J. Sears, III (argued), Birmingham, Ala., for defendant-appellee.

Before LIVELY and MARTIN, Circuit Judges, and HILLMAN, District Judge.

LIVELY, Circuit Judge.

This case involves a dispute between two parties to a contract for the construction of an electrical generating plant. The question is whether this dispute is subject to arbitration provisions of the contract.

I.

The plaintiffs, Cincinnati Gas & Electric Company and Dayton Power and Light (hereafter CG & E) contracted with the defendant, The Benjamin F. Shaw Company (hereafter Shaw) to fabricate and install piping and...

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