Kodak Mining Co. v. Carrs Fork Corp.

OPINION AND ORDER OF THE COURT

The issue presented by this motion for interlocutory relief pursuant to CR 65.09 is whether the trial court was correct in refusing to stay its proceedings pending arbitration between the parties pursuant to clauses in the controlling contracts, two coal mining leases, which required arbitration of disputes.

In 1956 Kodak Mining Company, the lessee, and Carrs Pork Corporation, the lessor, entered into two coal mining leases. Both of the leases contained a broad arbitration clause. The clause in the March 31, 1956 lease states:

If at any time, at termination of this…