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CHEVRON PHILLIPS CHEM. v. SULZER CHEMTECH

Nos. 02-CA-598, 02-C-628.

831 So.2d 474 (2002)

CHEVRON PHILLIPS CHEMICAL COMPANY, LP, v. SULZER CHEMTECH USA, INC., and Winterthur International America Insurance Company, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 2, 2002.

Attorney(s) appearing for the Case

Adams and Reese, LLP, Daniel K. Rester, J. Wendell Clark, Richard B. Easterling, John B. Davis, II, E'Vinski L. Davis, Baton Rouge, LA, for Appellants Sulzer Chemtech USA, Inc. and Winterthur International America Insurance Company.

Phillip A. Wittmann, William D. Treeby, James C. Gulotta, Jr., Barry W. Ashe, Mary L. Dumestre, Kerrie A. Holmes, Stone, Pigman, Walther, Wittmann & Hutchinson, LLP, New Orleans, LA, Robert Ryland Percy, III, Percy, Pujol & Wall, Gonzales, Louisiana, for Appellee Chevron Phillips Chemical Company, LP.

Panel composed of Judges JAMES L. CANNELLA, MARION F. EDWARDS and SUSAN M. CHEHARDY.

JAMES L. CANNELLA, Judge.

Defendants, Sulzer Chemtech, USA, Inc. (Sulzer) and its insurer, Winterthur International America Insurance Company (Winterthur), appeal the denial of their Motions to Stay Proceedings Pending Arbitration in a property damage suit filed by the Plaintiff, Chevron Phillips Chemical Company LP (Chevron). We affirm.

The Plaintiff and Sulzer entered into an agreement on August 30, 2000 for Sulzer to provide labor, supervision, equipment...

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