Legal Opinion
Norman C. Bernhardt v. Polygraphic Company of America, Inc.
Court of Appeals for the Second Circuit
Decided January 19, 1955No. 114, Docket 23196PublishedCited by 17 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. We think that a stay, pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3, is not “substantive” within the meaning of Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, and Guaranty Trust Company of New York v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079. We so held, per Judge Learned Hand, in Murray Oil Products Company v. Mitsui & Company, 2 Cir., 146 F.2d 381, 383, where we said: “Ai'bitration is merely a form of trial, to be adopted in the action itself, in place of a trial at common law: it is like a reference to a master, or an…
2Cases cited20 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
- Tenney Engineering, Inc. v. United Electrical Radio & MacHine Workers of America, (u.e.) Local 437Court of Appeals for the Third Circuit · 1953
- International Union United Furniture Workers of America v. Colonial Hardwood Flooring Co.Court of Appeals for the Fourth Circuit · 1948
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Asplundh Tree Expert Company v. Robert E. BatesCourt of Appeals for the Sixth Circuit · 1995
- Signal-Stat Corporation, Plaintiff-Respondent v. Local 475, United Electrical, Radio and MacHine Workers of America (Ue)Court of Appeals for the Second Circuit · 1956
- Lincoln Mills of Alabama v. Textile Workers Union of America, CIOCourt of Appeals for the Fifth Circuit · 1956
- Countrywide Home Loans, Inc. v. Mortgage Guaranty InsuranceCourt of Appeals for the Ninth Circuit · 2011
12 more not listed; retrieve them via the Exa API.