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STATE v. STREMICK CONST. CO.

Civ. No. 10799.

370 N.W.2d 730 (1985)

STATE of North Dakota, Duane R. Liffrig, State Highway Commissioner, Plaintiffs and Appellees, v. STREMICK CONSTRUCTION COMPANY, & Arthur L. Dahlin, as Arbitrator for Stremick Construction Company, Defendants and Appellants.

Supreme Court of North Dakota.

July 3, 1985.

Attorney(s) appearing for the Case

Karl F.A. Lindquist [argued], of Massee, Leonard & Lindquist, East Grand Forks, for defendants and appellants.

Myron L. Bothun, Asst. Atty. Gen., Bismarck, for plaintiffs and appellees.

GIERKE, Justice.

Defendant Stremick Construction Company [Stremick] appeals from the issuance and continuation of a temporary restraining order which prevents Stremick and its arbitrator, Arthur L. Dahlin, from attempting to arbitrate claims under two construction contracts entered into between the defendant and the North Dakota State Highway Department [the State]. We conclude that the restraining order should be dissolved and the issue of timeliness of the demand...

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