Burton v. Bush
United States Court of Appeals for the Fourth Circuit
614 F.2d 389 (1980)
- Written by David Bloom, JD
Facts
William Burton Nurseries (Burton) (plaintiff) had a contract to install trees and grass for The Bush Organization (Bush) (defendant). Burton performed some of the work before Bush replaced Burton. Burton filed suit against Bush, alleging that Bush had failed to make payments for the partial performance of the contract work. Bush counterclaimed for breach of warranty, claiming that Burton’s work was unsatisfactory. Bush complained from the outset that the trees died and the grass did not grow due to Burton’s negligence. The parties agreed to go to arbitration. There was no dispute over the arbitrability of the case. At the arbitration hearing, witnesses testified against Burton. Burton claimed that it was surprised by the witnesses and requested a continuance of the hearing to allow for discovery. The arbitration panel denied Burton’s request for a continuance and awarded damages in favor of Bush. Burton challenged the arbitration award on the ground that discovery should have been allowed. Burton never motioned the district court to compel discovery. The district court upheld the arbitration award. Burton appealed.
Rule of Law
Issue
Holding and Reasoning (Russell, J.)
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