American Casualty Company of Reading, Pennsylvania v. L-J, Incorporated U.S. Construction Company, Incorporated
Court of Appeals for the Fourth Circuit
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
- Catlin v. United StatesSupreme Court of the United States · 1945
- Filanto, S.P.A. v. Chilewich International Corp.Court of Appeals for the Second Circuit · 1993
- Adair Bus Sales, Inc. v. Blue Bird CorporationCourt of Appeals for the Tenth Circuit · 1994
- Stedor Enterprises, Limited v. Armtex, IncorporatedCourt of Appeals for the Fourth Circuit · 1991
- Jerald A. Turboff v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1989
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- Daniel C. Murray v. United Food and Commercial Workers International Union, Local 400 Donald Cash Christian SauterCourt of Appeals for the Fourth Circuit · 2002
- Cnf Constructors, Incorporated v. Donohoe Construction Company, a Division of the Donohoe Companies, IncorporatedCourt of Appeals for the Fourth Circuit · 1995
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