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 28 opinions

ON PETITION FOR REHEARING

1Opinion of the Court

GODBOLD, Circuit Judge:

The City’s petition for rehearing questions the correctness of the holding that the arbitration order of the District Court for the Southern District of Florida was appealable and that the City is time-barred from now appealing therefrom. The petition relies upon Schoen-amsgruber v. Hamburg American Line, 294 U.S. 454, 55 S.Ct. 475, 79 L.Ed. 989 (1934), for the proposition that an order granting arbitration is interlocutory and reviewable only upon appeal from final decree. Two years after Schoenams-gruber was decided this circuit noted that that decision was in an…

2Cases cited10 opinions

  1. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
  2. Schoenamsgruber v. Hamburg American LineSupreme Court of the United States · 1935
  3. Goodall-Sanford, Inc. v. United Textile Workers, A. F. L. Local 1802Supreme Court of the United States · 1957
  4. Krauss Bros. Lumber v. Louis Bossert & Sons, Inc.Court of Appeals for the Second Circuit · 1933
  5. New England Power Company v. Asiatic Petroleum CorporationCourt of Appeals for the First Circuit · 1972

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

3Cited by28 opinions

  1. B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
  2. Aubie BALTIN; Gwilda Baltin, Plaintiffs-Appellants. v. ALARON TRADING CORPORATION, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1997
  3. Gavlik Construction Co. v. H. F. Campbell Co.Court of Appeals for the Third Circuit · 1975
  4. General Atomic Co. v. United Nuclear Corp.Court of Appeals for the Ninth Circuit · 1981
  5. Dorothy Zosky v. Daniel Boyer and Boenning and ScattergoodCourt of Appeals for the Third Circuit · 1988

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API