Bank Building & Equipment Corp. of America v. Mack Local 677 Federal Credit Union

MEMORANDUM

TROUTMAN, District Judge.

To recover for services performed pursuant to a Consultant and later a Construction Management Agreement, plaintiff instituted this diversity action on January 3, 1979, but did not request a jury trial. Several weeks later defendant filed a motion to dismiss, which the Court denied as moot after plaintiff filed an amended complaint. Defendant then filed an answer and counterclaim and also did not demand a trial by jury. Following completion of discovery, the court clerk, acting in accordance with Local R.Civ.P. 49, referred the case to an arbitration panel,…