Legal Opinion

Matterhorn, Inc. v. Ncr Corporation

Court of Appeals for the Seventh Circuit

Decided June 6, 1985No. 84-2789PublishedCited by 88 opinions

1Opinion of the Court

POSNER, Circuit Judge.

Matterhorn, Inc. brought a diversity suit against NCR Corporation (formerly National Cash Register) for breach of contract. NCR has filed an appeal, which raises a difficult issue of arbitrability, from the denial of its motion to compel Matterhorn to arbitrate the contract dispute, and to stay Matterhorn’s lawsuit until the arbitration was completed. The motion was brought under 9 U.S.C. § 4, which provides a federal remedy against refusing to arbitrate when required to do so by a written arbitration agreement, and also provides that if the making of the agreement or…

2Cases cited27 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
  3. Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
  4. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
  5. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962

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3Cited by88 opinions

  1. Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
  2. Sandvik Ab v. Advent International Corp Advent International Gmbh Global Private Equity III L.P. Global Private Equity Iii-A L.P. Global Private Equity Iii-B L.P. Advent Pggm Global L.P. Advent Partners Gpe-Iii Lp Advent Partners (Na) Gpe-Iii L.P. Advent Euro-Italian Direct Investment Program L.P. Advent European Co-Investment Program L.P. Advent Partners L.P. Ralf Huep Global Private Equity Iii-C L.P. Advent International Corp. Global Private Equity III L.P. Global Private Equity Iii-A L.P. Global Private Equity Iii-B L.P. Advent Pggm Global L.P. Advent Partners Gpe-Iii Lp Advent Partners (Na) Gpe-Iii L.P. Advent Euro-Italian Direct Investment Program Advent European Co-Investment Program L.P. Advent Partners L.P. Global Private Equity Iii-C L.P.Court of Appeals for the Third Circuit · 2000
  3. Gibson v. Neighborhood Health Clinics, Inc.Court of Appeals for the Seventh Circuit · 1997
  4. Miller v. RunyonCourt of Appeals for the Seventh Circuit · 1996
  5. Brotherhood of Locomotive Engineers v. The Atchison, Topeka and Santa Fe Railway Company, and United Transportation UnionCourt of Appeals for the Seventh Circuit · 1985

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