Legal Opinion

Bergquist Co. v. Sunroc Corp.

District Court, E.D. Pennsylvania

Decided November 15, 1991No. Civ. A. 90-6153PublishedCited by 28 opinions

1Opinion of the Court

OPINION AND ORDER

DITTER, District Judge.

This is a contract dispute over whether or not an arbitration clause appearing on the back of the buyer’s purchase order is part of the agreement between the seller and the buyer. After the product sold to the buyer failed to live up to the buyer’s expectations, the buyer filed for arbitration. The seller moved to enjoin the arbitration. I denied the seller’s motion for a preliminary injunction, because it had failed to show a likelihood of success on the merits and irreparable harm if the arbitration went forward as scheduled. At the arbitration, the…

2Cases cited28 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Par-Knit Mills, Inc. v. Stockbridge Fabrics Company, Ltd.Court of Appeals for the Third Circuit · 1980
  3. PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, AppellantsCourt of Appeals for the Third Circuit · 1990
  4. In re the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'nNew York Court of Appeals · 1977
  5. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978

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3Cited by28 opinions

  1. Manuel KAPLAN; Carol Kaplan; MK Investments, Inc., Appellants, v. FIRST OPTIONS OF CHICAGO, INC., AppelleeCourt of Appeals for the First Circuit · 1994
  2. Tralon Corp. v. Cedarapids, Inc.District Court, N.D. Iowa · 1997
  3. Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
  4. Dyno Construction Company v. McWane Inc.Court of Appeals for the Sixth Circuit · 1999
  5. Jom, Inc., D/B/A Chipco International, Ltd. v. Adell Plastics, Inc.Court of Appeals for the First Circuit · 1999

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