Legal Opinion
Atlantic Aviation, Inc. v. EBM Group, Inc.
Court of Appeals for the Fifth Circuit
Decided January 19, 1994No. 92-02108PublishedCited by 43 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Plaintiff-appellant Atlantic Aviation Corporation (Atlantic) filed this action in state court in Houston, Texas, seeking to modify, correct, and confirm a commercial arbitration award. Defendant-appellee EBM Group, Inc. (EBM) removed the action on the basis of diversity jurisdiction and counter-claimed to have the arbitration award vacated. After a two-day bench trial, the district court entered a “take nothing” judgment against Atlantic, finding the award unenforceable for lack of finality. Atlantic appeals. We reverse and remand the case to the district court.
Facts…
2Cases cited8 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Northern Illinois Gas Company, an Illinois Corporation v. Airco Industrial Gases, a Division of Airco, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
- Forsythe International, S.A. v. Gibbs Oil Company of TexasCourt of Appeals for the Fifth Circuit · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Action Industries, Inc. v. United States Fidelity & Guaranty Co.Court of Appeals for the Fifth Circuit · 2004
- Ford v. NYLCare Health Plans of the Gulf Coast, Inc.Court of Appeals for the Fifth Circuit · 1998
- In Re the Arbitration Between Trans Chemical Ltd. & China National MacHiney Import & Export Corp.District Court, S.D. Texas · 1997
- Bank One, N.A. v. CoatesDistrict Court, S.D. Mississippi · 2001
- Bowles Financial Group, Inc. v. Stifel, Nicolaus & Company, Inc.Court of Appeals for the Tenth Circuit · 1994
38 more not listed; retrieve them via the Exa API.