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INDUSTRA/MATRIX v. POPE & TALBOT

0112-12723; A121936.

113 P.3d 961 (2005)

200 Or. App. 248

INDUSTRA/MATRIX JOINT VENTURE, an Oregon Joint Venture, abn Matrix Service, Inc., Appellant, v. POPE & TALBOT, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided June 15, 2005.

Attorney(s) appearing for the Case

Julia E. Markley, Portland, argued the cause for appellant. With her on the briefs were Michael H. Simon and Perkins Coie LLP and Rodney R. Mills, J. Daniel Gragg, and Seifer Yeats Mills & Zwierzynski LLP.

Guy A. Randles, Portland, argued the cause for respondent. With him on the opening brief were Charles F. Adams, Chad R. Chambers, and Stoel Rives, LLP. On the supplemental brief was Charles F. Adams.

Before SCHUMAN, Presiding Judge, and EDMONDS and WOLLHEIM, Judges.

SCHUMAN, P.J.

After denying plaintiff's petition to compel arbitration of this dispute over performance of a contract, the trial court granted defendant's motion for summary judgment. Plaintiff appeals, arguing that an arbitrator, not the court, should have made the decision regarding arbitrability and that, in any event, even if the court was the proper forum for hearing the case, it erred in granting summary judgment. We agree with plaintiff's first contention and...

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