Bristol Farmers Market and Auction Company and Closeouts, Inc. v. Arlen Realty & Development Corp.
Court of Appeals for the Third Circuit
1Opinion of the Court
*1216OPINION
JAMES HUNTER, III, Circuit Judge:
Bristol Farmers Market and Auction Co. and Closeouts, Inc.1 (Bristol) appeal from a district court decision refusing to enjoin arbitration demanded under a lease agreement by the lessee, Arlen Realty & Development Corp. (Arlen). The district court held that the issues Arlen seeks to press in arbitration are properly within the scope of the arbitration clause, are not barred by res judicata, and were not waived by Arlen’s failure to assert them in prior legal actions. Thus, the district court granted Arlen’s motion to dismiss for failure to state a claim…
2Cases cited18 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Gavlik Construction Co. v. H. F. Campbell Co.Court of Appeals for the Third Circuit · 1975
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3Cited by29 opinions
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- The Cincinnati Gas & Electric Company and the Dayton Power and Light Company v. Benjamin F. Shaw CompanyCourt of Appeals for the Sixth Circuit · 1983
- First Liberty Investment Group v. Eric Scott NicholsbergCourt of Appeals for the First Circuit · 1998
- Howard Electrical and Mechanical Company, Inc., a Colorado Corporation v. Frank Briscoe Company, Inc., a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 1985
- Publicis Communication v. True North Communications Inc.Court of Appeals for the Seventh Circuit · 1997
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