Legal Opinion
City of Naples v. The Prepakt Concrete Company and American Employers' Insurance Company
Court of Appeals for the Fifth Circuit
Decided May 23, 1974No. 73-1367PublishedCited by 36 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
Prepakt, an Ohio corporation, and the City of Naples, Florida, entered into a contract that contained an arbitration clause. The contract did not specify the place where arbitration hearings, should they become necessary, would be held, but it implied that any dispute over locale was to be decided by the American Arbitration Association. 1 When a dispute arose the City sued Prepakt and its surety, American Employers’ Insurance Company, in state court in Florida. Prepakt removed the case to the United States District Court for the Southern District of Florida and there…
2Cases cited4 opinions
- In the Matter of the Arbitration Between Reed & Martin, Inc., D/B/A International Constructors, Appellant-Respondent, and Westinghouse Electric Corporation, Appellee-PetitionerCourt of Appeals for the Second Circuit · 1971
- New England Power Company v. Asiatic Petroleum CorporationCourt of Appeals for the First Circuit · 1972
- Peters v. Standard Oil Co. of TexasCourt of Appeals for the Fifth Circuit · 1949
- Southeastern Enameling Corporation v. General Bronze CorporationCourt of Appeals for the Fifth Circuit · 1970
3Cited by36 opinions
- Aubie BALTIN; Gwilda Baltin, Plaintiffs-Appellants. v. ALARON TRADING CORPORATION, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1997
- Cortez Byrd Chips, Inc. v. Bill Harbert Construction Co.Supreme Court of the United States · 2000
- Gavlik Construction Co. v. H. F. Campbell Co.Court of Appeals for the Third Circuit · 1975
- General Atomic Co. v. United Nuclear Corp.Court of Appeals for the Ninth Circuit · 1981
- Sutter Corp. v. P & P Industries, Inc.Court of Appeals for the Fifth Circuit · 1997
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