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INTERN. RIVER CTR. v. JOHNS-MANVILLE SALES

No. 2002-CC-3060.

861 So.2d 139 (2003)

INTERNATIONAL RIVER CENTER, et al. v. JOHNS-MANVILLE SALES CORPORATION, et al.

Supreme Court of Louisiana.

December 3, 2003.

Attorney(s) appearing for the Case

Victor J. Franckiewicz, Jr., Howard L. Murphy, Deutsch, Kerrigan & Stiles, New Orleans; John W. Waters, Jr., Bienvenu, Foster, Ryan & O'Bannon, New Orleans; Jack M. Allmont, Sessions, Fishman & Nathan, New Orleans; James L. Pate, LaBorde & Neuner, Lafayette, for Applicant.

Stephen M. Cooper, Diana S. Mitnik, Godfrey B. Parkerson, Plauche, Maselli, Landry & Parkerson, New Orleans, for Respondent.

TRAYLOR, Justice.

This matter stems from a contractual dispute concerning the manufacture and installation of the roof of the Hilton Riverside Hotel in New Orleans. We granted certiorari in order to determine which entity determines whether a contractual arbitration agreement has been waived by a party's actions—the courts or an arbitrator.

FACTS and PROCEDURAL HISTORY

International River Center (IRC), the owner of the Hilton Riverside Hotel...

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