Legal Opinion

T & R Enterprises, Inc. v. Continental Grain Company

Court of Appeals for the Fifth Circuit

Decided March 17, 1980No. 78-1295PublishedCited by 75 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

This appeal attacks a judgment confirming an arbitration award in favor of the defendant, Continental Grain Company (Continental) and against plaintiff-appellant, T & R Enterprises, Inc. (T & R). The appellant claims that the district court erred in (i) ordering the parties to proceed to arbitration in the face of an asserted dispute over the existence of an agreement to arbitrate, an issue which it claims should be submitted to a jury for resolution; (ii) entering judgment on the arbitration award under an agreement that did not explicitly provide for judicial…

2Cases cited12 opinions

  1. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. Radio City Music Hall Corp. v. United StatesCourt of Appeals for the Second Circuit · 1943
  4. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
  5. In Re I/s Stavborg (O. H. Meling, Manager) v. National Metal Converters, Inc.Court of Appeals for the Second Circuit · 1974

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3Cited by75 opinions

  1. Christina Bazemore v. Jefferson Capital Systems, LLCCourt of Appeals for the Eleventh Circuit · 2016
  2. George Kersh v. Norman DerozierCourt of Appeals for the Fifth Circuit · 1988
  3. Fed. Sec. L. Rep. P 96,600 Brenda Susan Chastain v. The Robinson-Humphrey Company, Inc.Court of Appeals for the Eleventh Circuit · 1992
  4. In the Matter of the Arbitration Between Merrill Lynch, Pierce, Fenner & Smith, Incorporated v. Helen Echo HayduCourt of Appeals for the Fifth Circuit · 1981
  5. Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1992

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