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MPACT CONST. v. SUPERIOR CONCRETE CONST.

No. 26A01-0209-CV-345.

785 N.E.2d 632 (2003)

MPACT CONSTRUCTION GROUP, LLC, Appellant-Defendant, v. SUPERIOR CONCRETE CONSTRUCTORS, INC., Appellee-Plaintiff, and Flying J, Inc., FJI Plaza Company III, LLC, Lehman Brothers Holdings, Inc. d/b/a Lehman Capital, a division of Lehman Bros. Holdings, Inc., Gary's Plumbing Service, Inc., Koberstein Trucking, Inc., Combs Landscape & Nursery, Inc., B + B Electric Co., Inc., and June Rinsch, in her capacity as the Gibson County Treasurer, Appellees-Defendants, and J.D. Music Tile Company, Inc., and E & B Paving, Inc., Appellees-Intervenors.

Court of Appeals of Indiana.

March 26, 2003.

Attorney(s) appearing for the Case

Steven S. Hoar, Kahn, Dees, Donovan, & Kahn, LLP, Evansville, IN, Don L. Smith, Smith & Cashion, PLC, Nashville, TN, Attorneys for Appellant.

Angela L. Freel, Rudolph, Fine, Porter & Johnson, L.L.P., Evansville, IN, Attorney for Superior Concrete Constructors, Inc.

James D. Johnson, Rudolph, Fine, Porter & Johnson, L.L.P., Evansville, IN, Attorney for Appellee Combs Landscape & Nursery, Inc.

R. Steven Krohn, Rudolph, Fine, Porter & Johnson, L.L.P., Evansville, IN, Attorney for Appellee J.D. Music Tile Company, Inc.

Jerry D. Stilwell, Bamberger, Foreman, Oswald & Hahn, LLP, Princeton, IN, Attorney for Appellee Koberstein Trucking, Inc.

Robert F. Stayman, Ziemer, Stayman, Weitzel & Shoulders, LLP, Evansville, IN, Attorney for Appellee B + B Electric Co., Inc.

OPINION

KIRSCH, Judge.

MPACT Construction Group, Inc. ("MPACT"), the general contractor for the construction of the Flying J Travel Plaza in Gibson County, Indiana, appeals the trial court's denial of its motion to compel arbitration and stay litigation and raises the following two restated issues:

I. Whether the general construction contracts, which mandate arbitration in the case of disputes arising...

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