Legal Opinion
In re Rosenthal-Block China Corp.
Court of Appeals for the Second Circuit
Decided April 20, 1960PublishedCited by 3 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
Movant, Rosenthal-Porzellan Aktiengesellschaft (Rosenthal), requests the stay of an order of Judge Dimock, D.C., 659 F.Supp. 183, remanding to the New York Supreme Court a suit brought in the state court by respondents to enjoin arbitration of a contract between the parties and removed to a federal court by Rosenthal. The motion presents the question whether a federal court of *714appeals should stay an order remanding a removed proceeding to a state court in spite of the prohibitions of § 1447(d) and § 2283 of the Judicial Code, 28 U.S.C. Having due regard for the policies…
2Cases cited4 opinions
- United States v. RiceSupreme Court of the United States · 1946
- Railroad Co. v. WiswallSupreme Court of the United States · 1875
- In re Bear River Drainage DistrictCourt of Appeals for the Tenth Circuit · 1959
- Chisom v. EdwardsDistrict Court, E.D. Louisiana · 1987
3Cited by3 opinions
- Feidt v. Owens Corning Fiberglass CorporationCourt of Appeals for the Third Circuit · 1998
- Feidt v. Owens Corning Fiberglas Corp.Court of Appeals for the Third Circuit · 1998
- Matter of the Application of Rosenthal-Block China Corporation, for an Order Restraining Certain Arbitrations Attempted to Be Had by Rosenthal-Porzellan Aktiengesellschaft, Etc., Before the Arbitration Tribunal of the American Arbitration Association. Matter of the Application of Raymond Loewy, for an Order Restraining Certain Arbitration Attempted to Be Had by Rosenthal-Porzellan Aktiengesellschaft, Before the Arbitration Tribunal of the American Arbitration Association, EtcCourt of Appeals for the Second Circuit · 1960