PSI ENERGY, INC. v. AMAX, INC.

No. 30S05-9412-CV-1193.

644 N.E.2d 96 (1994)

PSI ENERGY, INC., an Indiana Corporation, Appellant (Defendant below), v. AMAX, INC., a New York Corporation, and Amax Coal Company, a Delaware Corporation, Appellees (Plaintiffs below).

Supreme Court of Indiana.

December 9, 1994.


Attorney(s) appearing for the Case

J. William DuMond, Plainfield, James L. Brand, Greenfield, Randall L. Sarosdy, Washington, DC, for appellant.

G. Daniel Kelley, Jr., Edward P. Steegmann, Indianapolis, for appellees.


SHEPARD, Chief Justice.

PSI Energy and AMAX Coal agreed to arbitrate disputes that might arise under their contract for the purchase of coal. A dispute did arise, and PSI sought to submit it to arbitration. AMAX initiated this lawsuit to stay the arbitration. While AMAX does not challenge the validity of its contract containing the arbitration clause, it maintains that this particular dispute is not arbitrable and seeks a judicial determination to that effect. The...

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