Legal Opinion

Great American Insurance v. Hinkle Contracting Corp.

District Court, S.D. West Virginia

Decided December 5, 2011No. Civil Action No. 2:11-cv-00396Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the Defendant’s Motion to Dismiss or Stay Proceedings Pending Arbitration [Docket 15]. For the reasons discussed below, this motion is DENIED.

I. Background

A. Facts and Procedural Posture

Hinkle Contracting Company, LLC (“Hinkle” and “HCC”) entered into a contract with the West Virginia Department of Transportation to construct portions of the King Coal Highway project in Mingo *971County, West Virginia. Hinkle and Chapman-Martin Excavation and Grading, Inc. (“CME”) then entered into a subcontract for CME to…

2Cases cited24 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  3. Perry v. ThomasSupreme Court of the United States · 1987
  4. Equal Employment Opportunity Commission v. Waffle House, Inc.Supreme Court of the United States · 2002
  5. California Division of Labor Standards Enforcement v. Dillingham Construction, N. A.Supreme Court of the United States · 1997

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