Dewey Cates and Barbara Cates, Partners D/B/A U. S. 40 Motel, Plaintiffs- Cross-Appellees v. Morgan Portable Building Corporation, Cross-Appellant

HARLINGTON WOOD, Jr., Circuit Judge.

This action for breach of contract alleging $55,975.95 in consequential damages was filed in federal district court on August 2, 1971, on the basis of diversity of citizenship. On September 13, 1974, after several settlement conferences with the district court, the parties stipulated that all matters except the determination of consequential damages would be submitted to binding arbitration. Thus the district court’s order was limited to consequential damages and it is only from the decision awarding the plaintiff $4,671.00 that both parties appeal. We…