BARTELT AVIATION v. DRY LAKE COAL CO.


682 S.W.2d 796 (1985)

BARTELT AVIATION, INC., Appellant, v. DRY LAKE COAL COMPANY, INC., Appellee.

Court of Appeals of Kentucky.

January 11, 1985.


Attorney(s) appearing for the Case

Henry Johnson, Harlan, for appellant.

William R. Forester, Forester, Forester, Buttermore & Turner, P.S.C., Harlan, for appellee.

Before DUNN, HOWERTON and WILHOIT, JJ.


HOWERTON, Judge.

Bartelt Aviation appeals from a summary judgment of the Harlan Circuit Court dismissing its action to enforce an arbitration award concerning an airplane sales contract. The court determined that the arbitration provision in Bartelt's contract with Dry Lake Coal Company was unenforceable because it was not conspicuously incorporated by reference in the main body of the contract. We find this conclusion to be erroneous and reverse the judgment.

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