FRU-CON CONST. v. SOUTHWESTERN REDEV.

No. 67724.

908 S.W.2d 741 (1995)

FRU-CON CONSTRUCTION COMPANY, Respondent, v. SOUTHWESTERN REDEVELOPMENT CORPORATION II, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied September 25, 1995.

Application to Transfer Denied November 21, 1995.


Attorney(s) appearing for the Case

Timothy E. Hayes, Kent D. Kehr, Coburn & Croft, St. Louis, C. Wayne Primm, Southwestern Bell Tel. Co., St. Louis, for appellant.

Timothy R. Thornton, Greensfelder, Hemker & Gale, P.C., St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 25, 1995.

SMITH, Presiding Judge.

Defendant, Southwestern Redevelopment Corporation II, appeals from the denial by the trial court of its motion for stay of proceedings pending arbitration. The court denied the motion on the basis that the "claim" asserted by the plaintiff, Fru-Con Construction Co., against the defendant was not arbitrable under the contract of the parties. Finding that...

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