Legal Opinion

Whiting-Turner Contracting Co. v. Electric Machinery Enterprises, Inc.

Court of Appeals for the Eleventh Circuit

Decided February 23, 2007No. 06-13733PublishedCited by 2 opinions

1Opinion of the Court

WILSON, Circuit Judge:

This is an interlocutory appeal in a bankruptcy case. We find that the district court erred when it upheld a bankruptcy court’s denial of a motion to compel arbitration.

BACKGROUND

The Whiting-Turner Contracting Company (“Whiting-Turner”) was the general contractor on the construction of certain improvements at Universal City Development Partners’ (“UCDP”) theme park known as “Seuss Landing.”1 Electric Ma*794chinery Enterprises, Inc. (“EME”) entered into a subcontract with Whiting-Turner and agreed to provide electrical work on the project. During the course of the work,…

2Cases cited15 opinions

  1. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  2. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  3. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  4. Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
  5. In Re: Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co., Debtor-Appellant v. Shell Oil Co. And Scallop Petroleum Co.Court of Appeals for the Second Circuit · 2000

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3Cited by2 opinions

  1. In Re: Electric MacHinery Enterprises, Inc., Debtor. The Whiting-Turner Contracting Company, United States Fidelity and Guaranty Company v. Electric MacHinery Enterprises, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. Tabas v. Fordberry PLC (In Re Tirex International, Inc.)United States Bankruptcy Court, S.D. Florida. · 2008

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