A & G COAL CORP. v. Integrity Coal Sales, Inc.

OPINION

JAMES P. JONES, Chief Judge.

In this contract dispute, the present issue is whether the matter is subject to binding arbitration pursuant to an arbitration clause contained in a written purchase order signed by the parties. While the plaintiffs contend that the arbitration clause is not effective because the contract as a whole was subject to a condition precedent to formation that was never met, I find that arbitration is required because arbitration clauses in other purchase orders cover the present dispute.

I

In this action brought under the diversity jurisdiction of the court, the…