Legal Opinion

McMahon v. RMS Electronics, Inc.

District Court, S.D. New York

Decided September 23, 1988No. 85 Civ. 3799 (RWS)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Petitioner, Kerwin F. McMahon (“McMahon”) has filed a petition to confirm an arbitration award issued March 10, 1988 in the case of McMahon v. RMS Electronics, Inc. Respondent RMS Electronics, Inc. (“RMS”) has moved pursuant to Section 10(d) of the Federal Arbitration Act, 9 U.S. C. § 10(d), to vacate the award on the grounds that by issuing a late award, the arbitrators have exceeded or have so imperfectly executed their powers that a mutual final and definitive award upon the subject matter was not made. For the reasons set forth below, RMS’ motion is denied,…

2Cases cited7 opinions

  1. In the Matter of an Arbitration Between Cook Industries, Inc., as Assignee of Rag. Luigi Gandini Voghera, and C. Itoh & Co. (America) Inc.Court of Appeals for the Second Circuit · 1971
  2. Kamakazi Music Corp., Barry Manilow and Warner Bros. Publications Inc. v. Robbins Music Corporation, Vicks Lithograph, Inc.Court of Appeals for the Second Circuit · 1982
  3. In the Matter of the Arbitration Between Koch Oil, S.A., and Transocean Gulf Oil CompanyCourt of Appeals for the Second Circuit · 1985
  4. Hunt v. Mobil Oil Corp.District Court, S.D. New York · 1987
  5. Kamakazi Music Corp. v. Robbins Music Corp.District Court, S.D. New York · 1981

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3Cited by6 opinions

  1. International Bank of Commerce-Brownsville v. International Energy Development Corp., Texas Court of Appeals, 13th District1998
  2. Grinnell Housing Development Fund Corp. v. Local 32B-32J, Service Employees International UnionDistrict Court, S.D. New York · 1991
  3. Ashraf v. Republic New York Securities Corp.District Court, S.D. New York · 1998
  4. Green v. Ameritech Corp.District Court, E.D. Michigan · 1998
  5. Matter of Arb. Betw. Ashraf & Repub. Ny SecuritiesDistrict Court, S.D. New York · 1998

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