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S & M CONSTRUCTORS, INC. v. FOLEY CO.

No. 92-1423.

959 F.2d 97 (1992)

S & M CONSTRUCTORS, INC., Plaintiff-Appellant, v. The FOLEY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 16, 1992.

Attorney(s) appearing for the Case

Robert J. Andrews, Kansas City, Mo., argued (Ronald L. Kraft, on brief), for plaintiff-appellant.

Kevin E. Glynn, Kansas City, Mo., argued (William J. Debauche, on brief), for defendant-appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

PER CURIAM.

S & M Constructors, Inc., appeals from an order of the district court denying its motion for a preliminary injunction to halt arbitration proceedings which were scheduled to commence February 25, 1992. S & M has presented a motion for stay pending appeal. We set the motion for oral argument and stayed commencement of arbitration until the motion could be heard. We now deny the motion for stay.

S & M was a subcontractor of Foley Company...

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