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PATTEN GRADING & PAVING v. SKANSKA USA BUILDING

No. 03-2247.

380 F.3d 200 (2004)

PATTEN GRADING & PAVING, INCORPORATED, Plaintiff-Appellee, v. SKANSKA USA BUILDING, INCORPORATED, formerly known as Beers Skanska, Incorporated, formerly known as Beers York Construction Company, Incorporated; American Home Assurance Company, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 18, 2004.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Crumly, Sr., Alston & Bird, Atlanta, Georgia, for Appellants. Theodore Sanders Stern, Jr., Covington, Patrick, Hagins, Stern & Lewis, P.A., Greenville, South Carolina, for Appellee. ON BRIEF: J. Andrew Howard, Alston & Bird, Atlanta, Georgia, for Appellants.

Before WIDENER and DUNCAN, Circuit Judges, and Louise W. FLANAGAN, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Reversed and remanded by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge FLANAGAN joined. Judge WIDENER wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

Skanska USA Building, Inc. and American Home Assurance Co., Inc. (collectively "Skanska") appeal the district court's order denying Skanska's motion to compel arbitration in a civil action filed by Patten Grading & Paving, Inc. ("Patten"). In its complaint...

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