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COMMERCIAL UNION INS. CO. v. GILBANE BLDG. CO.

No. 92-1904.

992 F.2d 386 (1993)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff, Appellant, v. GILBANE BUILDING COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Michael P. Duffy, with whom Bert J. Capone, John J. O'Connor, and Peabody & Arnold, Boston, MA, were on brief for appellant.

Peter B. Krupp, with whom Thomas R. Murtagh, Joseph P. Crawford-Kelly, and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA, were on brief for appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

In this appeal, plaintiff-appellant Commercial Union Insurance Company ("CU") challenges the district court's summary denial of its motion to stay defendant-appellee Gilbane Building Company's ("Gilbane") counterclaim pending arbitration. Finding error in the district court's decision, we reverse.

I.

Factual Background

During the latter half of the 1980's, Gilbane, a general contractor, entered into thirteen...

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