Legal Opinion
City of Morris v. Duininck Bros., Inc.
Court of Appeals of Minnesota
Decided May 16, 1995No. C5-94-2028PublishedCited by 1 opinion
1Opinion of the Court
OPINION
NORTON, Judge.
Appellant contractor contends the district court erroneously granted a temporary injunction preventing arbitration of a contract issue. The question of whether appellant waived its opportunity to arbitrate is a procedural question for the arbitrator, not the district court. We reverse.
FACTS
On July 8,1993, respondent City of Morris (City) entered a contract with appellant Duininck Brothers Construction Company (Contractor) for improvements to the Morris Wastewater Treatment Facility. The contract price was $1,699,608. In November 1993, the city’s engineer submitted a…
2Cases cited5 opinions
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- United States Fidelity & Guaranty Co. v. FruchtmanSupreme Court of Minnesota · 1978
- Brothers Jurewicz, Inc. v. Atari, Inc.Supreme Court of Minnesota · 1980
- Arbitration Demand of 200 Levee Drive Associates, Ltd. v. Bor-Son Building Corp.Court of Appeals of Minnesota · 1989
- Millwrights Local 548, United Brotherhood of Carpenters & Joiners v. Robert J. Pugleasa Co.Court of Appeals of Minnesota · 1988