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WEBSTER GRADING, INC. v. GRANITE RE, INC.

Civil No. 10-CV-2207 (SRN/FLN).

879 F.Supp.2d 1013 (2012)

WEBSTER GRADING, INC., d/b/a Rud Excavating of Webster, Plaintiff, v. GRANITE RE, INC., Defendant, Granite Re, Inc., Counter-Claimant, v. Webster Grading, Inc., d/b/a Rud Excavating of Webster, Counter-Defendant Nyen Excavating, Inc., and Granite Re, Inc., Plaintiffs, v. United Fire & Casualty Company, Defendant.

United States District Court, D. Minnesota.

July 16, 2012.

Attorney(s) appearing for the Case

Julia A. Doherty , Kyle E. Hart and Theodore V. Roberts , Fabyanske, Westra, Hart & Thomson, PA, Minneapolis, MN, for Plaintiff and Counter-Defendant Webster Grading and Defendant United Fire & Casualty Company.

Brian W. Varland and William D. Hull , Coleman, Hull and Van Vliet, PLLP, Minneapolis, MN; Evan B. Gatewood and Robert Magrini , Hayes, Magrini & Gatewood, Oklahoma City, OK, for Defendant and Counter Claimant Granite Re, Inc. and Nyen Excavating.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, District Judge.

This matter is before the Court on the Amended Motion to Compel Arbitration and Stay [Doc. No. 29] filed by Webster Grading, Inc. For the reasons that follow, the motion is denied.

I. FACTUAL BACKGROUND

This lawsuit arises out of a construction project involving a trunk highway in Waseca County, Minnesota. Plaintiff Webster Grading, Inc., d/b/a Rud Excavating of Webster...

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