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MIDWEST MECHANICAL CONTRACTORS v. COM. CONST. CO.

No. 85-2659.

801 F.2d 748 (1986)

MIDWEST MECHANICAL CONTRACTORS, INC., Plaintiff-Appellee, v. COMMONWEALTH CONSTRUCTION CO., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 3, 1986.

Attorney(s) appearing for the Case

Allen R. Boudreaux, Boudreaux & Gunn, Thibodaux, La., for defendants-appellants.

Thomas Moore, Frederick G. Thompson, IV, Gould & Moore, Kansas City, Mo., and Charles Lyman, James Ebanks, Giessel, Stone, Barker & Lyman, Houston, Tex., for plaintiff-appellee.

Before WISDOM, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Commonwealth Construction appeals the denial of its motion under 9 U.S.C. § 3 to stay litigation of a breach of contract suit brought by Midwest Mechanical Contractors until after arbitration. Finding that the contract between the parties contains an agreement to arbitrate issues raised in the suit, we reverse the district court's denial of the motion for a stay.

I

Commonwealth Construction executed a...

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