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CITY OF WAMEGO v. L.R. FOY CONSTR. CO.

No. 55,042

9 Kan. App. 2d 168 (1984)

675 P.2d 912

CITY OF WAMEGO, KANSAS, Appellee, v. L.R. FOY CONSTRUCTION CO., INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellants.

Court of Appeals of Kansas.

Opinion filed January 12, 1984.

Attorney(s) appearing for the Case

William L. Mitchell, of Mitchell & Henry, and Kent G. Voth, of Schmidt & Langley, Chartered, of Hutchinson, for appellants.

Edward W. Pugh, of Wamego, for appellee.

Before FOTH, C.J., SPENCER and PARKS, JJ.

Petition for review denied 234 Kan. 1076.

PARKS, J.:

This action for breach of a construction contract was filed by the City of Wamego against defendants L.R. Foy Construction Company and its bonding company. Defendants sought to submit the dispute to arbitration as permitted by the terms of the contract by filing a motion to stay the civil suit and compel arbitration pursuant to K.S.A. 5-402. This motion was denied by the court and defendants appeal that...

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