Atlantic Fertilizer & Chemical Corp. v. Italmare, S.P.A.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this admiralty case, Raimare Corporation appeals an interlocutory order denying it counter-security in a dispute with Atlantic Fertilizer and Chemical Corporation. Before reaching the merits, however, we must determine whether we have jurisdiction over the appeal from the interlocutory order. We examine the district court’s order and read it on its face to say that the pending arbitration proceedings were an impediment to the court’s consideration of Italmare’s request for counter-security. Because the court’s conclusion is based on an alleged error of law —…
2Cases cited6 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Donlon Industries, Inc. v. Michael Forte and Gerald Ehrlich, and Tessel, Paturick & Ostrau, Inc., and Lionel WeiserCourt of Appeals for the Second Circuit · 1968
- Board of County Commissioners of Lawrence County, Ohio v. L. Robert Kimball and AssociatesCourt of Appeals for the Sixth Circuit · 1989
- Incas & Monterey Printing & Packaging, Ltd. v. M/V SANG JINCourt of Appeals for the Fifth Circuit · 1984
- Shakit v. M/V Forum TraderCourt of Appeals for the Fifth Circuit · 1993
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