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MASUROVSKY v. GREEN

No. 95-CV-1317.

687 A.2d 198 (1996)

Laura MASUROVSKY, et al., Appellants, v. David GREEN, Appellee.

District of Columbia Court of Appeals.

Decided December 30, 1996.

As Amended March 4, 1997.

Attorney(s) appearing for the Case

Nancy F. Lesser, with whom Erik S. Jaffe and Megan E. Hills, Washington, DC, were on the brief, for appellant Masurovsky.

Pamela A. Bresnahan, with whom Steven R. Becker, Washington, DC, was on the brief, for appellant Zweben.

Jonathan Halperin, with whom Patrick M. Regan and Marc Fiedler, Washington, DC, were on the brief, for appellee.

Before TERRY, STEADMAN and KING, Associate Judges.

STEADMAN, Associate Judge:

This case requires us to examine the intersection of contract interpretation and what is generally termed the "presumption in favor of arbitration." We hold that the presumption in favor of arbitration is applicable to issues regarding the interpretation or construction of an agreement containing an arbitration clause, but not to issues of the existence of an agreement to arbitrate, or of whether the court or arbitrator determines the existence...

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