Legal Opinion
Oasis Oil & Refining Corporation v. Armada Transport & Refining Co. And Armada Petroleum Corporation, Armada Transport & Refining Company
Court of Appeals for the Fifth Circuit
Decided November 10, 1983No. 82-2528PublishedCited by 8 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
At the outset of this appeal from a stay of proceedings pending arbitration we face the question of our jurisdiction. Persuaded that because the sole claim was for specific performance the stay was not appealable as an injunctive order under 28 U.S.C. § 1292(a)(1), and that the trial judge’s finding of a contract between the two parties was not an appealable Cohen order, we dismiss for want of appellate jurisdiction.
Oasis Oil & Refining Corp. sued Armada Transport & Refining Co. in the state district court of Texas seeking only specific performance of a…
2Cases cited10 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
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3Cited by8 opinions
- Matterhorn, Inc. v. Ncr CorporationCourt of Appeals for the Seventh Circuit · 1985
- Medtronic, Inc., a Minnesota Corporation v. Intermedics, Inc., a Texas Corporation, and Intermedics Illinois, Inc., a Texas CorporationCourt of Appeals for the Seventh Circuit · 1984
- Incas & Monterey Printing & Packaging, Ltd. v. M/V SANG JINCourt of Appeals for the Fifth Circuit · 1984
- William S. Hauskins v. Robert W. StrattonCourt of Appeals for the Fifth Circuit · 1983
- In Re Incas and Monterey Printing and Packaging, Ltd.Court of Appeals for the Fifth Circuit · 1984
3 more not listed; retrieve them via the Exa API.