Legal Opinion
Shook of West Virginia, Inc. v. York City Sewer Authority
District Court, M.D. Pennsylvania
Decided February 8, 1991No. CV-90-1718PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
RAMBO, District Judge.
Before the court is the motion of York City Sewer Authority (“York”), to dismiss this action on the grounds that plaintiff, Shook of West Virginia, Inc. (“Shook”) has not exhausted the dispute remedy provided in the construction contract between the parties. York refers to the motion as one to dismiss under Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The parties’ briefs, however, only address grounds for a 12(b)(1) dismissal for failure to exhaust contractual remedies and the motion will be treated accordingly. 1 Because there is a dearth of case precedent involving…
2Cases cited17 opinions
- Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
- Glover v. St. Louis-San Francisco Railway Co.Supreme Court of the United States · 1969
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Findley v. Jones Motor FreightCourt of Appeals for the Third Circuit · 1981
- Britex Waste Co. v. Nathan Schwab & Sons, Inc.Superior Court of Pennsylvania · 1939
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Arbitration between Board of Education of the Schenevus Central School District & Merritt Meridian Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Bombardier Corp. v. National Railroad Passenger Corp.District Court, District of Columbia · 2002
- HIM PORTLAND, LLC v. Devito Builders, Inc.District Court, D. Maine · 2002
- Trillium Transportation Fuels LLC v. Integral Energy LLCDistrict Court, W.D. Oklahoma · 2023