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DUNBAR ENGINEERING v. RHINOSYSTEMS, INC.

No. 106,109. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

232 P.3d 931 (2010)

2010 OK CIV APP 49

DUNBAR ENGINEERING CORPORATION, Plaintiff/Appellee, v. RHINOSYSTEMS, INC., Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 2.

April 6, 2010.

Attorney(s) appearing for the Case

Douglas R. Scott, The Baker Law Firm, PLLC, Owasso, OK, for Plaintiff/Appellee.

Robert J. Bartz, Joe M. Fears, David M. vonHartitzsch, Barber & Bartz, Tulsa, OK, for Defendant/Appellant.

DEBORAH B. BARNES, Judge.

¶ 1 Rhinosystems, Inc., appeals the trial court's Order Compelling Arbitration filed on June 25, 2008, in which the trial court ordered Rhinosystems and Dunbar Engineering Corporation (Dunbar), to "proceed to arbitrate [their] controversy in accordance with the terms of the arbitration provision contained in the Engineering Services Proposal...." We find that the trial court erred in refusing to conduct an evidentiary hearing on Dunbar...

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