Judge Rejects Challenge to Arbitrator’s Hearing’
By Associated Press
CEDAR RAPIDS, Iowa (AP) - A judge says a company wasn’t deprived of a fair hearing in an Iowa construction dispute by an arbitrator accused of having hearing problems and falling asleep.
U.S. District Judge Linda Reade last week rejected a challenge by Dustex Corp. to an arbitration award in favor of the municipal utility in Cedar Falls.
Kennesaw, Georgia-based Dustex argued that it was prejudiced by the poor hearing and occasional napping of arbitrator Marshall Young.
Young chaired a three-member panel that heard a dispute over upgrades that the utility made to a power plant. The utility contracted with Miron Construction, and Miron hired Dustex to supply a piece of emission-reducing equipment called a baghouse. The utility claimed the baghouse didn’t work.
The panel ordered the companies and an insurer to pay $3.4 million.