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G & S MASONRY, INC. v. MJC CONSTRUCTORS

No. 26462.

164 S.W.3d 530 (2005)

G & S MASONRY, INC., Plaintiff-Respondent, v. MJC CONSTRUCTORS, INC., and Fidelity & Deposit Company of Maryland, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied April 7, 2005.

Attorney(s) appearing for the Case

Richard R. Hardcastle, III, Scott A. Strange, Greensfelder, Hemker & Gale, P.C., St. Louis, for appellant.

Thomas W. Millington, Millington, Glass & Love, Springfield, for respondent.

Motion for Rehearing or Transfer to Supreme Court Denied April 7, 2005.

JOHN E. PARRISH, Presiding Judge.

MJC Constructors, Inc. (MJC) and Fidelity & Deposit Company of Maryland (Fidelity) appeal an order denying their motion to stay litigation and to compel arbitration. This court orders the appeal held in abeyance and remands with directions.

MJC was general contractor for construction of a veteran's cemetery in Bloomfield, Missouri. MJC sub...

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