Legal Opinion
Supak & Sons Manufacturing Company, Inc. v. Pervel Industries, Inc.
Court of Appeals for the Fourth Circuit
Decided March 5, 1979No. 78-1329PublishedCited by 45 opinions
1Opinion of the Court
WINTER, Circuit Judge:
In this diversity contract action by Supak & Sons Manufacturing Company (Supak) against Pervel Industries, Inc. (Pervel), Pervel appeals from the district court’s refusal to stay proceedings pending arbitra tion of the underlying dispute. We think the district court correct in its conclusion that the parties did not agree under applicable law to submit their dispute to arbitration, and we therefore affirm.
I
The underlying dispute concerns a number of oral contracts reached over the telephone for the sale of specified quantities of fabric by Pervel, located in New York, to…
2Cases cited7 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- Collins Radio Company v. Ex-Cell-O CorporationCourt of Appeals for the Eighth Circuit · 1972
- Frances Hosiery Mills, Inc. v. Burlington Industries, Inc.Supreme Court of North Carolina · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Genesco, Inc. v. T. Kakiuchi & Co.Court of Appeals for the Second Circuit · 1987
- Par-Knit Mills, Inc. v. Stockbridge Fabrics Company, Ltd.Court of Appeals for the Third Circuit · 1980
- Avedon Engineering, Inc. v. SeatexCourt of Appeals for the Tenth Circuit · 1997
- Genesco, Inc. v. KakiuchiCourt of Appeals for the Second Circuit · 1987
- Dale Mortensen v. Bresnan CommunicationsCourt of Appeals for the Ninth Circuit · 2013
40 more not listed; retrieve them via the Exa API.