Legal Opinion

Enserch International Exploration, Inc. v. Attock Oil Co.

District Court, N.D. Texas

Decided March 31, 1987No. Civ. A. CA3-86-2184-DPublishedCited by 37 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The Fifth Circuit has yet to decide whether a suit to vacate an arbitration award, if maintained in federal court pursuant to § 10 of the Federal Arbitration Act, must be brought in the district court for the district wherein the award was made. 1 Because this court construes § 10 2 to require such a result, the court concludes that it lacks subject matter jurisdiction over this removed action and, for the reasons set forth below, remands this case to Texas state court.

I

BACKGROUND

This is an action by Enserch International Exploration, Inc.…

2Cases cited34 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  3. Wilko v. SwanSupreme Court of the United States · 1953
  4. Time, Inc. v. Frank ManningCourt of Appeals for the Fifth Circuit · 1966
  5. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974

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3Cited by37 opinions

  1. Continental Airlines, Inc. v. American Airlines, Inc.District Court, S.D. Texas · 1992
  2. Dupre v. Spanier Marine Corp.District Court, S.D. Texas · 1993
  3. Henderson v. AT & T CORP.District Court, S.D. Texas · 1996
  4. In Re Vms Securities Litigation.Court of Appeals for the Seventh Circuit · 1994
  5. Bank One, N.A. v. Euro-Alamo Investments, Inc.District Court, N.D. Texas · 2002

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