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KELLEY v. BENCHMARK HOMES, INC.

No. S-94-115.

550 N.W.2d 640 (1996)

250 Neb. 367

Thomas J. KELLEY and Laura R. Kelley, Appellees, v. BENCHMARK HOMES, INC., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

June 28, 1996.

Attorney(s) appearing for the Case

James F. Kasher and David G. Wilwerding, of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., Omaha, for appellant.

Thomas J. Kelley, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellees.

WHITE, C.J., CAPORALE, FAHRNBRUCH, WRIGHT, CONNOLLY and GERRARD, JJ., and LUTHER, D.J.

PER CURIAM.

This matter is before the court as an interlocutory appeal pursuant to the federal Arbitration Act, 9 U.S.C. §§ 1 through 16 (1994) (AA). The appellant, Benchmark Homes, Inc., filed a motion to stay proceedings in the district court for Douglas County. Benchmark asserts, pursuant to the express terms of a warranty contract, that the appellees, Thomas J. Kelley and Laura R. Kelley, must first submit the causes alleged in their second amended petition...

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