City of Andover v. Southwestern Bell Telepnone, L.P.

Hill, J.:

We consider here an order denying arbitration of a claim of the City of Andover (Andover) against Southwestern Bell Telephone, L.P. (SWBT). Andover sued SWBT, alleging that the phone company’s negligence in not promptly locating its buried cables forced the city into later making a contract with SWBT to move those cables. SWBT successfully moved the cables and was paid for its work. But the parties’ contract had an arbitration clause and, when sued by Andover, SWBT unsuccessfully sought arbitra tion of the claim. We hold that the district court properly refused to compel arbitration…