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Island Creek (P) entered into a contract with the City of Gainesville (D) to supply coal from a mine known as Holden 22. The price of coal declined, and D wanted out of the contract and submitted issues to arbitration regarding an illegal assignment of the contract and transfer of Holden 22. Hearings were conducted, but before the board could make a decision, D announced that it intended to terminate the agreement. P submitted a written request to the board to uphold the status quo until the arbitrators could decide if D had a right to terminate. The arbitrators held that D did not have the right to terminate as it submitted that issue before arbitration and would have to wait until the board made its decision. D instituted an action in court to vacate the interim arbitrator order. The judge confirmed the order and D appealed.

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