Legal Opinion

NII Metals Services, Inc. v. ICM Steel Corp.

District Court, N.D. Illinois

Decided April 24, 1981No. 77C3318PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

This case poses a problem that, though it must recur with some degree of frequency, has seldom been addressed by the federal courts. It stems from an apparent tension between Sections 3 and 9 of the Federal Arbitration Act, 9 U.S.C. §§ 3 and 9 (cited in this opinion as “Section — ”). For the reasons stated in this memorandum opinion and order, the Court resolves the tension in a manner it believes gives effect to both sections, by ordering enforcement of an arbitration award.

Plaintiff Nil Metals Services, Inc. (“Nil”) initially brought this…

2Cases cited7 opinions

  1. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
  2. Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
  3. Robert Lawrence Co. v. Devonshire Fabrics, Inc.Supreme Court of the United States · 1960
  4. Cook Associates, Inc. v. Colonial Broach & MacHine Co.Appellate Court of Illinois · 1973
  5. Murray Oil Products Co. v. Mitsui & Co.Court of Appeals for the Second Circuit · 1944

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

3Cited by22 opinions

  1. Marcy Smiga v. Dean Witter Reynolds, Inc., and Raymond B. AndersonCourt of Appeals for the Second Circuit · 1985
  2. Merrill Lynch, Pierce, Fenner & Smith, Inc. And Patrick Palella v. Peter H. Lauer and Therese A. LauerCourt of Appeals for the Seventh Circuit · 1995
  3. Sutter Corp. v. P & P Industries, Inc.Court of Appeals for the Fifth Circuit · 1997
  4. Enserch International Exploration, Inc. v. Attock Oil Co.District Court, N.D. Texas · 1987
  5. In Re Vms Securities Litigation.Court of Appeals for the Seventh Circuit · 1994

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

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