O & K Glass Co. v. Innes Construction Co.

990252

O & K Glass Co., Plaintiff and Appellee
v.
Innes Construction Co., Inc., Defendant and Appellant

Appeal from:

District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd

Nature of Action:

Counsel:

Appellant:		Carter McDonagh, P.L.L.P.
Appellee:		Bredahl and Associates, P.C.

Term:

01/2000 Argument: 01/21/2000 01:30pm

ND cite:

2000 ND 56

NW cite:

608 N.W.2d 236

Issues:

Appellant's Statement of the Issues:
I. Did the arbitrator exceed his powers by interpreting the joint check agreement irrationally in his finding that Innes and O&K were "jointly and severally liable" to Skytech?
II. Did the trial court abuse its discretion when it refused to consider proffered oral testimony?
III. Does the express language of the O&K subcontract and the joint payment agreement contradict the arbitrator's waiver finding?

Appellee's Statement of the Issues:
I. Did the arbitrator exceed his powers by interpreting the joint check agreement irrationally in his finding that Innes and O&K were "jointly and severally liable" to Skytech?
II. Did the trial court abuse its discretion when it refused to consider proffered oral testimony?
III. Does the express language of the O&K subcontract and the joint payment agreement contradict the arbitrator's waiver finding?

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Docket entries:

1	08/09/1999	NOTICE OF APPEAL: 08/05/1999
2	08/09/1999	ORDER FOR TRANSCRIPT (Kathleen Narlock): 08/05/1999
3	08/20/1999	RETENTION OF RECORD ON APPEAL: 09/24/1999
4	09/24/1999	TRANSCRIPT DATED July 28, 1999
5	09/27/1999	DISK - TRA (7-28-99)
6	09/28/1999	RECORD ON APPEAL
7	11/03/1999	APPELLANT BRIEF
8	11/03/1999	APPELLANT APPENDIX
9	11/04/1999	DISK - atb
10	11/05/1999	DISK - Corrected ATB
11	12/03/1999	APPELLEE BRIEF
12	12/06/1999	DISK - aeb
13	12/14/1999	Copies of corrected page iv, 13 & 15
14	12/14/1999	DISK - corrected disk of AEB
15	12/17/1999	REPLY BRIEF of Appellant
16	12/20/1999	DISK - RYB
17	01/21/2000	APPEARANCES: Ralph F. Carter; Tracy A. Gompf
18	01/21/2000	ARGUED: Carter; Gompf (Vol. W; page 219)
19	03/21/2000	DISPOSITION: AFFIRMED
20	03/21/2000	UNANIMOUS OPINION: Maring, Mary Muehlen
21	03/21/2000	Costs on appeal in favor of the Appellee, O&K Glass
22	03/23/2000	Order/Judgment Mailed to Parties
23	04/03/2000	PETITION FOR REHEARING
24	04/04/2000	DISK - PER
25	04/25/2000	ACTION BY SUPREME COURT (PER). Denied
26	05/04/2000	MANDATE
27	05/09/2000	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28	01/25/2007	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 01/07/2009