Legal Opinion
Formigli Corporation v. Alcar Builders, Inc
Court of Appeals for the Third Circuit
Decided March 12, 1964No. 14450PublishedCited by 10 opinions
1Opinion of the Court
GANEY, Circuit Judge.
This is an appeal from an order of the District Court staying an action for breach of contract and directing the parties to proceed to arbitration at the request of the defendant-appellee. 1 Diversity of citizenship and the amount involved are the basis for the District Court’s jurisdiction over the subject matter. The threshold question is a jurisdictional one. In Kirschner v. West Company, 300 F.2d 133 (C.A.3, 1962), this Court states at page 134 of the opinion:
“An order granting a stay pending arbitration is analogous to an injunctive order which is interlocutory in…
2Cases cited8 opinions
- United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Philadelphia Marine Trade Ass'n v. International Longshoremen's Ass'n, Local Union No. 1291Supreme Court of Pennsylvania · 1955
- Leon Kirschner and Henry Naftulin, Individually and as Co-Partners, Trading as K-N Enterprises v. West CompanyCourt of Appeals for the Third Circuit · 1962
- Monte v. Southern Delaware County AuthorityCourt of Appeals for the Third Circuit · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dorothy Zosky v. Daniel Boyer and Boenning and ScattergoodCourt of Appeals for the Third Circuit · 1988
- Merritt-Chapman & Scott Corporation v. Pennsylvania Turnpike CommissionCourt of Appeals for the Third Circuit · 1967
- Mason-Dixon Lines, Inc. v. Local Union No. 560, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of AmericaCourt of Appeals for the Third Circuit · 1971
- Hamilton Life Ins. Co. of NY v. Republic Nat. Life Ins. Co.District Court, S.D. New York · 1968
- Craftmark Homes, Inc. v. Nanticoke Construction Co.Court of Appeals for the Third Circuit · 1975
5 more not listed; retrieve them via the Exa API.