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PSI ENERGY, INC. v. AMAX COAL CO.

No. 30A05-9211-CV-420.

621 N.E.2d 1157 (1993)

PSI ENERGY, INC., Appellant-Defendant, v. AMAX COAL COMPANY, a Delaware Corporation, and Amax Inc., a New York Corporation, Appellees-Plaintiffs.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied December 7, 1993.

Attorney(s) appearing for the Case

Donald P. Bogard, J. William Dumond, PSI Energy, Inc., Plainfield, James L. Brand, Brand & Allen, Greenfield, Randall L. Sarosdy, Jonathan S. Spaeth, Akin, Gump, Hauer & Feld, L.L.P., Washington, DC, for appellant-defendant.

G. Daniel Kelley, Jr., Edward P. Steegmann, Ice Miller Donadio & Ryan, Indianapolis, for appellees-plaintiffs.

BARTEAU, Judge.

The primary issue presented is whether the trial court erred in granting Amax Coal Company's (AMAX) Application for Stay of Arbitration Proceedings and in denying PSI Energy, Inc.'s (PSI) Application for Order Compelling Arbitration. We conclude that the trial court erred in both respects and reverse accordingly.

FACTS

PSI and AMAX entered into a "Coal Supply Agreement" (Agreement) in 1970. The Agreement provides that PSI will...

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