Legal Opinion

Allen B. Atkins v. Louisville and Nashville Railroad Company

Court of Appeals for the Sixth Circuit

Decided May 27, 1987No. 86-5570 to 86-5575PublishedCited by 24 opinions

1Opinion of the Court

CONTIE, Senior Circuit Judge.

Appellants challenge the district court’s judgment dismissing their complaints without prejudice for failure to exhaust the administrative remedy of arbitration. Appellants contend that arbitration under the pertinent agreement is merely permissive, rather than mandatory, and therefore they cannot be required to arbitrate their claims before bringing a federal action. In the alternative, appellants argue that even if arbitration is mandatory, they should be relieved of any exhaustion requirement because of futility. For the reasons which follow, we affirm the…

2Cases cited16 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Vaca v. SipesSupreme Court of the United States · 1967
  3. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
  4. Glover v. St. Louis-San Francisco Railway Co.Supreme Court of the United States · 1969
  5. New York Dock Railway and Brooklyn Eastern District Terminal v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Second Circuit · 1979

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

3Cited by24 opinions

  1. Continental Casualty Company, an Illinois Insurance Company v. American National Insurance Company, a Texas Insurance CompanyCourt of Appeals for the Seventh Circuit · 2005
  2. Erin O'Donnell v. City of ClevelandCourt of Appeals for the Sixth Circuit · 2016
  3. Michael Emswiler v. CSX Transportation Inc.Court of Appeals for the Sixth Circuit · 2012
  4. Jones v. City Of CarlisleCourt of Appeals for the Sixth Circuit · 1993
  5. Jones v. City of CarlisleCourt of Appeals for the Sixth Circuit · 1993

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

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