Legal Opinion

Acton Corporation v. Borden, Inc.

Court of Appeals for the First Circuit

Decided February 12, 1982No. 81-1512PublishedCited by 33 opinions

1Opinion of the Court

BREYER, Circuit Judge.

Appellants seek review of a Massachusetts district court order that effectively stays their action (brought to compel arbitration) while an Ohio federal district court proceeds with a related case. We find that his order is not appealable. Treating the appeal as a petition for mandamus, we hold that the district court had adequate discretionary authority to enter the challenged order.

I

The underlying dispute in this case concerns the value of certain assets that the appellee Borden bought from the appellant Acton in 1980. Borden claims that under the contract the purchase…

2Cases cited32 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Landis v. North American Co.Supreme Court of the United States · 1936
  3. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  4. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  5. Will v. United StatesSupreme Court of the United States · 1967

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

3Cited by33 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. In Re Recticel Foam Corporation, in Re San Juan Dupont Plaza Hotel Fire Litigation. Appeal of Recticel Foam CorporationCourt of Appeals for the First Circuit · 1988
  3. Microfinancial, Inc. v. Premier Holidays International, Inc.Court of Appeals for the First Circuit · 2004
  4. Ishwar Jain v. Henri Courier De MereCourt of Appeals for the Seventh Circuit · 1995
  5. John Doe v. Dr. Gregory Anrig, John Doe v. Dr. Gregory Anrig, the School Committee of WestwoodCourt of Appeals for the First Circuit · 1984

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

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