ELLSWORTH v. AMERICAN ARBITRATION ASS'N

No. 20050371.

148 P.3d 983 (2006)

2006 UT 77

Stanford M. ELLSWORTH, Plaintiff and Appellant, v. The AMERICAN ARBITRATION ASSOCIATION, a New York corporation; Lowell Construction Company, a Utah corporation, and Carol Lee Fairbanks Naylor, Defendants and Appellees.

Supreme Court of Utah.

December 5, 2006.


Attorney(s) appearing for the Case

D. Scott Crook, Scott M. Ellsworth, Salt Lake City, for plaintiff.

Robert F. Babcock, Kent B. Scott, Shawn W. Potter, Salt Lake City, Evan A. Schmutz, Curtis R. Hussey, Provo, for defendants.


DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case involves a dispute over whether Plaintiff Stanford M. Ellsworth is bound by the arbitration provision of a construction and remodeling contract. The district court granted summary judgment in favor of Defendant Lowell Construction Company (Lowell), finding that Mr. Ellsworth was bound by the arbitration provision and dismissing Mr. Ellsworth's suit for declaratory relief. Mr. Ellsworth appealed, arguing...

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