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CITY OF COTTONWOOD v. FANN CONTRACTING

No. 1 CA-CV 92-0111.

179 Ariz. 185 (1994)

877 P.2d 284

CITY OF COTTONWOOD, a municipal corporation, Plaintiff-Appellant, v. JAMES L. FANN CONTRACTING, INC., an Arizona corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Denied July 27, 1994.

Attorney(s) appearing for the Case

Mangum, Wall, Stoops & Warden, P.L.L.C. by Jon W. Thompson and Robert W. Warden, Flagstaff, for plaintiff-appellant.

Jennings & Haug by D. Kim Lough, Phoenix, for defendant-appellee.

OPINION

GERBER, Judge.

Appellant City of Cottonwood (Cottonwood) appeals from the trial court's determination that appellee Fann Contracting (Fann) requested arbitration in a timely manner and the trial court's order that the parties proceed to arbitration. Cottonwood also appeals the trial court's award of attorney's fees to Fann. We hold that the arbitrator is the proper party to consider the issue of timeliness, but because the arbitrator independently...

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