Legal Opinion

Gandy v. Gandy

Court of Appeals for the Fifth Circuit

Decided August 2, 2002No. 02-50185PublishedCited by 3 opinions

1Opinion of the Court

ELLISON, District Judge:

This is an appeal from an order denying Appellants’ motion to compel arbitration. Specifically, Appellants, James Gandy, Kartar Gandy, Kartar Gandy Limited Partnership, Hary Gandy, and Hary Gan-dy Limited Partnership (“Gandys”), seek arbitration of claims asserted against them by Sarma Gandy, who is currently a debt- or in possession (“Debtor”) under Chapter 11 of the Bankruptcy Code. 11 U.S.C. §§ 1101 et seq. (2002). The United States Bankruptcy Court for the Western District of Texas, holding that it had discretion to refuse to order arbitration of core bankruptcy…

2Cases cited14 opinions

  1. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  2. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  3. In Re: Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co., Debtor-Appellant v. Shell Oil Co. And Scallop Petroleum Co.Court of Appeals for the Second Circuit · 2000
  4. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
  5. Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994

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3Cited by3 opinions

  1. In re GandyCourt of Appeals for the Fifth Circuit · 2002
  2. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
  3. Clark Contracting Services v. Finance (Clark Contracting Services, Inc.)United States Bankruptcy Court, W.D. Texas · 2008

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