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TM DELMARVA POWER v. NCP OF VIRGINIA

Record No. 010024.

557 S.E.2d 199 (2002)

263 Va. 116

TM DELMARVA POWER, L.L.C., et al. v. NCP OF VIRGINIA, L.L.C.

Supreme Court of Virginia.

January 11, 2002.

Attorney(s) appearing for the Case

John T. Schmidt (Conrad M. Shumadine, Norfolk; Thomas L. Northam, Accomac; Willcox & Savage, Norfolk; Vincent, Northam & Lewis, Accomac, on briefs), for appellants.

Daniel Hartnett (Ayres & Hartnett, on brief), Accomac, for appellee.

Present: All the Justices.

Opinion by Justice DONALD W. LEMONS.

In this interlocutory appeal, pursuant to Code § 8.01 581.016(1), we consider whether the trial court erred in denying a motion to compel arbitration.

I. Facts and Proceedings Below

In October 1999, TM Delmarva Power, L.L.C. ("TMDP") and NCP of Virginia, L.L.C. ("NCP") entered into an operating agreement ("Agreement") to construct a power plant. TMDP and NCP formed Commonwealth Chesapeake Company, L.L.C....

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