Legal Opinion

American Casualty Company of Reading, Pennsylvania v. L-J, Incorporated U.S. Construction Company, Incorporated

Court of Appeals for the Fourth Circuit

Decided September 13, 1994No. 93-2339PublishedCited by 26 opinions

1Opinion of the Court

Dismissed by published opinion. Judge MOTZ wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL joined.

OPINION

MOTZ, Circuit Judge:

A surety for a subcontractor appeals from the district court’s order granting the general contractor’s motion to compel arbitration and stay litigation “pending the outcome of arbitration between the parties.” Because the arbitration claim was embedded in an action asserting other claims, the district court’s order was not final. Accordingly, we lack jurisdiction to consider the appeal and so it must be dismissed.

I

This action arose from a $35.9 million road…

2Cases cited15 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Filanto, S.P.A. v. Chilewich International Corp.Court of Appeals for the Second Circuit · 1993
  3. Adair Bus Sales, Inc. v. Blue Bird CorporationCourt of Appeals for the Tenth Circuit · 1994
  4. Stedor Enterprises, Limited v. Armtex, IncorporatedCourt of Appeals for the Fourth Circuit · 1991
  5. Jerald A. Turboff v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1989

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

3Cited by26 opinions

  1. John Hancock Mutual Life Insurance Company John Hancock Distr Larry Carter v. Thomas W. OlickCourt of Appeals for the Third Circuit · 1998
  2. Matter of National Gypsum Co.Court of Appeals for the Fifth Circuit · 1997
  3. Wells v. Chevy Chase Bank, F.S.B.Court of Appeals of Maryland · 2001
  4. Daniel C. Murray v. United Food and Commercial Workers International Union, Local 400 Donald Cash Christian SauterCourt of Appeals for the Fourth Circuit · 2002
  5. Cnf Constructors, Incorporated v. Donohoe Construction Company, a Division of the Donohoe Companies, IncorporatedCourt of Appeals for the Fourth Circuit · 1995

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

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