Legal Opinion
Cornell & Company, Inc., a Corporation v. Barber & Ross Company, a Corporation
Court of Appeals for the D.C. Circuit
Decided April 14, 1966No. 19660_1PublishedCited by 112 opinions
1Per curiam
We review the District Court’s denial of appellant’s motion under 9 U.S.C. § 3 1 for a stay of appellee’s breach of contract action. The action was clearly referable to arbitration under an agreement incorporated by reference into the contract between the parties. The only issue is whether the District Court erred in holding appellant “in default in proceeding with such arbitration.” 9 U.S.C. § 3. We think not.
The right to arbitration, like any other contract right, can be waived. 2 A party waives his right to arbitrate when he actively participates in a lawsuit or takes other action…
2Cases cited6 opinions
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Almacenes Fernandez, S. A. v. GolodetzCourt of Appeals for the Second Circuit · 1945
- Radiator Specialty Co. v. Cannon Mills, Inc.Court of Appeals for the Fourth Circuit · 1938
- American Locomotive Co. v. Gyro Process Co.Court of Appeals for the Sixth Circuit · 1950
- Galion Iron Works & Mfg. Co. v. J. D. Adams Mfg. Co.Court of Appeals for the Seventh Circuit · 1942
1 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Miller Brewing Company v. Fort Worth Distributing Co., Inc.Court of Appeals for the Fifth Circuit · 1986
- Tenneco Resins, Inc., and Tenn-Uss Chemicals Co. v. Davy International, Ag And/or Davy McKee International, AgCourt of Appeals for the Fifth Circuit · 1985
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- Hilti, Inc. v. John OldachCourt of Appeals for the First Circuit · 1968
- N&d Fashions, Inc., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation v. Dhj Industries, Inc., a New York CorporationCourt of Appeals for the Eighth Circuit · 1977
107 more not listed; retrieve them via the Exa API.