United States Sixth Circuit

In an action brought by plaintiff against defendants seeking declaratory and injunctive relief regarding its rights to certain subsurface waters that defendants had deeded to it, dismissal of plaintiff's claims is affirmed as, despite the fact that the deed in question was silent regarding arbitration, the parties intended that the arbitration clause in a contract establishing and defining their relationship should govern the present dispute.

Appellate Information

• Decided 10/12/2007
• Published 10/12/2007

Judges

• Before:  BOGGS, Chief Judge;  and MARTIN and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Adam H. Charnes, Kilpatrick Stockton, Winston-Salem, North Carolina, for Appellant.  Jon R. Muth, Miller Johnson, Grand Rapids, Michigan, for Appellees.   ON BRIEF:  Adam H. Charnes, Kilpatrick Stockton, Winston-Salem, North Carolina, John M. DeVries, Douglas A. Donnell, Fredric N. Goldberg, Mika, Meyers, Beckett & Jones, Grand Rapids, Michigan, for Appellant.  Jon R. Muth, Monica C. Inhulsen, Miller Johnson, Grand Rapids, Michigan, for Appellees.