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CITY OF BISMARCK v. TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INC.

No. 85-5164.

767 F.2d 429 (1985)

CITY OF BISMARCK, Appellant, v. TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INC., Minn-Kota Excavating, Inc., and St. Paul Fire and Marine Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 3, 1985.

Attorney(s) appearing for the Case

Christopher S. Hayhoe, Edina, Minn., for appellant.

Laura S. Underkuffler and James Littlefield, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, PHILLIPS, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

LAY, Chief Judge.

The City of Bismarck, North Dakota (City) appeals the district court's1 September 26, 1984 order staying the instant litigation pending resolution of the disputes in arbitration between the City and Minn-Kota Excavating, Inc. (Minn-Kota). The court had made an earlier finding in a declaratory action between the City and Minn-Kota that the disputes were referable to arbitration under the arbitration clause of the parties...

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