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MATHEWS v. FLUOR CORP.

No. 24014.

440 S.E.2d 880 (1994)

R. Gordon MATHEWS and Howard E. Phillips, d/b/a R. Gordon Mathews and Associates, a general partnership, and Greenville Office Building Partnership, a limited partnership, Respondents, v. FLUOR CORPORATION, Fluor Daniel, Inc., Daniel International Corporation, W.R. Grace & Co., National Gypsum Company, and Bankers Trust of South Carolina, as Ancillary Trustee of the Fluor Employees Trust Fund, Defendants, of whom Bankers Trust of South Carolina, as Ancillary Trustee of the Fluor Employees Trust Fund, and Fluor Corporation are Appellants. Appeal of BANKERS TRUST OF SOUTH CAROLINA.

Supreme Court of South Carolina.

Decided February 22, 1994.

Rehearing Denied March 15, 1994.

Attorney(s) appearing for the Case

O.G. Calhoun, Jr., Thomas H. Coker, Jr., and J. Derrick Quattlebaum, Haynsworth, Marion, McKay & Guerard, Greenville, for appellant Bankers Trust of South Carolina.

Mason A. Goldsmith, of Love, Thornton, Arnold & Thomason, Greenville, for appellant Fluor Corp.

C. Alan Runyan and Robert N. Hill, of Speights & Runyan, Hampton, for respondents.

FINNEY, Justice:

Appellants, Bankers Trust of South Carolina (Bankers Trust) and Fluor Corporation (Fluor), appeal from the denial of their motions for summary judgment to stay proceedings, and to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-14. We affirm.

In 1982 Daniel International Corporation distributed the Daniel Building, located in Greenville, South Carolina, to Fluor as a dividend. In July 1982, Fluor desired...

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