Legal Opinion

Alan S. Kramer v. Gaines W. Hammond

Court of Appeals for the Second Circuit

Decided August 19, 1991No. 1724, 1885, Dockets 91-7178, 91-7412PublishedCited by 94 opinions

1Opinion of the Court

GEORGE C. PRATT, Circuit Judge:

Respondent Gaines W. Hammond appeals from a judgment of the United States District Court for the Southern District of New York, Kevin Thomas Duffy, Judge, granting petitioner’s motion to compel arbitration. Hammond also appeals from the district court’s denial of his Fed.R.Civ.P. 60(b) for relief from that judgment. For the reasons that follow, we reverse.

BACKGROUND

A. The Facts.

In 1984 Hammond entered into an agreement with a number of California inventors to license a medical device they had invented. This invention, the lithotripter, was designed to break up…

2Cases cited3 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Fed. Sec. L. Rep. P 92,406 R. Stockton Rush, III v. Oppenheimer & Co., and Scott SeskisCourt of Appeals for the Second Circuit · 1985
  3. Sweater Bee by Banff, Ltd. v. Manhattan Industries, Inc. And Bayard Shirt Corporation, and Don Sophisticates, Inc. And Herbert RounickCourt of Appeals for the Second Circuit · 1985

3Cited by94 opinions

  1. Doctor's Associates, Inc. v. Emily DistajoCourt of Appeals for the Second Circuit · 1997
  2. Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  3. Patrowicz v. Transamerica HomeFirst, Inc.District Court, D. Connecticut · 2005
  4. Leadertex, Inc. v. Morganton Dyeing & Finishing Corp.Court of Appeals for the Second Circuit · 1995
  5. Julie Cotton, Plaintiff-Appellee-Cross-Appellant v. William Slone, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1993

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