Legal Opinion

Nebraska Machinery Company v. Cargotec Solutions, LLC

Court of Appeals for the Eighth Circuit

Decided August 7, 2014No. 13-2753PublishedCited by 93 opinions

1Opinion of the Court

BEAM, Circuit Judge.

Cargotec Solutions, LLC, (“Cargotec”) appeals from the district court’s determination that Cargotec’s contract with Nebraska Machinery Company (“NMC”) did not contain arbitration and indemnification provisions. We reverse and remand for the district court to hold a trial and resolve remaining fact issues.

I. BACKGROUND 1

Cargotec, formerly known as Kalmar Industries, is in the business of manufacturing heavy machinery used in the shipping and container industry. NMC is an authorized dealer for Caterpillar, Inc., and specializes in the sales, rental, and servicing of…

2Cases cited10 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Ilah M. Tinder v. Pinkerton SecurityCourt of Appeals for the Seventh Circuit · 2002
  3. Fallo v. High-Tech InstituteCourt of Appeals for the Eighth Circuit · 2009
  4. Howard v. Ferrellgas Partners, L.P.Court of Appeals for the Tenth Circuit · 2014
  5. Koch v. Compucredit Corp.Court of Appeals for the Eighth Circuit · 2008

5 more not listed; retrieve them via the Exa API.

3Cited by93 opinions

  1. Christina Bazemore v. Jefferson Capital Systems, LLCCourt of Appeals for the Eleventh Circuit · 2016
  2. Timothy Boykin v. Family Dollar Stores of Mich.Court of Appeals for the Sixth Circuit · 2021
  3. Bill Hansen v. Lmb Mortgage Services, Inc.Court of Appeals for the Ninth Circuit · 2021
  4. City of Benkelman, NE v. Baseline Engineering Corp.Court of Appeals for the Eighth Circuit · 2017
  5. Air-Con, Inc. v. Daikin Applied Latin Am., LLCCourt of Appeals for the First Circuit · 2021

88 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API