Legal Opinion
Alascom, Inc. v. ITT North Electric Co.
Court of Appeals for the Ninth Circuit
Decided March 9, 1984No. Nos. 83-3633, 83-3671 and 83-3754PublishedCited by 22 opinions
1Opinion of the Court
NELSON, Circuit Judge:
Appellants (collectively denominated as “North”) challenge two district court orders, one granting a stay of arbitration, the other denying a stay of proceedings pending arbitration. Both orders were based on the district court’s conclusion that none of North’s claims was arbitrable under the arbitration provision of the parties’ contract.
De novo examination of the arbitration clause indicates that the district court was correct in its finding of non-arbitrability. Therefore, it did not abuse its discretion in staying arbitration and refusing to stay its own proceedings.…
2Cases cited14 opinions
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
- 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
- Ettelson v. Metropolitan Life InsuranceSupreme Court of the United States · 1943
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United Food Workers Union, Locals 197, 373, 428, 588, 775, 839, 870, 1119, 1179 & 1532 v. Alpha Beta Co.Court of Appeals for the Ninth Circuit · 1984
- International Association of MacHinists and Aerospace Workers, Afl-Cio v. Aloha Airlines, Inc.Court of Appeals for the Ninth Circuit · 1985
- M & C Corp. v. Erwin Behr GMBH & Co.Court of Appeals for the Sixth Circuit · 1998
- Lorber Industries of California, a Corporation v. Los Angeles Printworks Corporation, a Corporation, and Mark Fabrics, a CorporationCourt of Appeals for the Ninth Circuit · 1986
- Construction Laborers Pension Trust v. Cen-Vi-Ro Concrete Pipe & Products Company, Inc.Court of Appeals for the Ninth Circuit · 1985
17 more not listed; retrieve them via the Exa API.