Legal Opinion

In Re Cajun Electric Power Cooperative, Inc., Cajun Electric Power Cooperative, Inc. v. Riley Stoker Corporation

Court of Appeals for the Fifth Circuit

Decided June 9, 1986No. 85-3314, 85-3366PublishedCited by 34 opinions

1Opinion of the Court

IRVING L. GOLDBERG, Circuit Judge:

This case involves a $76 million contract in which Riley Stoker Corporation agreed to construct two coal-fired steam generators for Cajun Electric Power Cooperative, Inc. The contract contained a provision requiring the parties to submit to arbitration any claims or disputes arising under the contract. Some eight years after the signing of the contract such a dispute did arise, and Riley Stoker sought arbitration. Cajun responded that it had not realized an arbitration clause was contained in the contract and that the arbitration clause was therefore null and…

2Cases cited35 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  4. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  5. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980

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3Cited by34 opinions

  1. Haynsworth v. the CorporationCourt of Appeals for the Fifth Circuit · 1997
  2. In Re Ramu Corporation, United States of America v. 6600 North Mesa, El Paso, Texas, in Re Ivonne Delgado De Munoz, Luis Delgado Avalos, Beatriz Varela Delgado, and Rafael Munoz Telles, United States of America v. Real Property With Residence Located at 1070 Gardner Road, El Paso, Texas, With All Its Furnishings and Appurtenances and Improvements Thereon and Real Property With Residence Located at 6636 Gato Road, El Paso, Texas, With All Its Furnishings and Appurtenances and Improvements ThereonCourt of Appeals for the Fifth Circuit · 1990
  3. In re First South Savings Ass'nCourt of Appeals for the Fifth Circuit · 1987
  4. McDermott International, Inc. v. Underwriters at Lloyds Subscribing to Memorandum of Insurance No. 104207Court of Appeals for the Fifth Circuit · 1993
  5. Cajun Electric Power Cooperative, Inc. v. Riley Stoker CorporationCourt of Appeals for the Fifth Circuit · 1990

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