Legal Opinion
American Italian Pasta Company v. The Austin Company
Court of Appeals for the Eighth Circuit
Decided October 26, 1990No. 89-2751PublishedCited by 32 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
The Austin Company appeals from the district court’s order denying its motion to compel arbitration. We reverse.
I
American Italian Pasta Company (American Pasta) entered into a contract with Austin under which Austin agreed to design and build a pasta factory. Article 16 of the contract provides:
In the event of any dispute or disagreement arising under this contract, it is mutually agreed, that upon written notice of either to the other party, both Owner and Austin will use their best efforts to settle such disputes or disagreement in a manner that is fair and equitable…
2Cases cited6 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- J. C. Bonnot, D/B/A Bonnot Construction Company v. Congress of Independent Unions Local 14Court of Appeals for the Eighth Circuit · 1964
- Johnson Controls, Inc. v. City of Cedar Rapids, IowaCourt of Appeals for the Eighth Circuit · 1983
- I.S. Joseph Company, Incorporated v. Michigan Sugar Company. Michigan Sugar Company v. I.S. Joseph Company. Michigan Sugar Company v. Josco Crown International, Ltd., (Non-Party)Court of Appeals for the Eighth Circuit · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Austin v. Owens-Brockway Glass Container, Inc.Court of Appeals for the Fourth Circuit · 1996
- Vincent L. Pryner, Counterclaim v. Tractor Supply Company, Counterclaim Eugene Sobierajski v. Thoesen Tractor & Equipment CompanyCourt of Appeals for the Seventh Circuit · 1997
- United States v. Bankers Insurance CompanyCourt of Appeals for the Fourth Circuit · 2001
- TM Delmarva Power, L.L.C. v. NCP of Virginia, L.L.C.Supreme Court of Virginia · 2002
- Celtic Life Ins. Co. v. McLendonSupreme Court of Alabama · 2001
27 more not listed; retrieve them via the Exa API.