Legal Opinion · Dissent

Snow Mountain Pine, Ltd. v. Tecton Laminates Corp.

Court of Appeals of Oregon

Decided February 23, 1994No. 91-12-10176-E, 91-10-10148-E; CA A75677Published

1DissentLandau, J.

This case presents a straightforward question of contract construction: Does plaintiffs lawsuit arise out of or relate to a Log Yard Agreement, which contains an arbitration clause, or a Log Supply Agreement, which does not? The *534majority concludes that the lawsuit arises out of or relates to the Log Yard Agreement, and so it is subject to the arbitration clause. The problem with that conclusion is that it cannot be squared with the nature of the parties’ dispute, the language of their agreements and the law under which those agreements should be interpreted. In my view, a correct reading of…

2Cases cited8 opinions

  1. Caplener v. United States National BankOregon Supreme Court · 1993
  2. Kentner v. Gulf InsuranceOregon Supreme Court · 1984
  3. Leiser v. SparkmanOregon Supreme Court · 1978
  4. Millers Mutual Fire Insurance Co. of Texas v. Wildish Construction Co.Oregon Supreme Court · 1988
  5. Swanson v. WarnerCourt of Appeals of Oregon · 1993

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