[Download] "City of Naples v. Prepakt Concrete Co." by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: City of Naples v. Prepakt Concrete Co.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 23, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

GODBOLD, Circuit Judge: The City's petition for rehearing questions the correctness of the holding that the arbitration order of the District Court for the Southern District of Florida was appealable and that the City is time-barred from now appealing therefrom. The petition relies upon Schoenamsgruber v. Hamburg American Line, 294 U.S. 454, 55 S. Ct. 475, 79 L. Ed. 989 (1934), for the proposition that an order granting arbitration is interlocutory and reviewable only upon appeal from final decree. Two years after Schoenamsgruber was decided this circuit noted that that decision was in an admiralty case and held that an order denying a § 4 petition to compel arbitration, entered in a suit at law claiming damages for breach of contract, was a final judgment and appealable. La Nacional Platanera v. North American Fruit & Steamship Corp., 84 F.2d 881 (CA5, 1936). For a statement of reasons supporting the correctness of our analysis of Schoenamsgruber see The Sydfold, 25 F. Supp. 662 (S.D.N.Y. 1938). In La Nacional the order denied arbitration while in the instant case it granted arbitration. The latter is an a fortiori situation--the court by deliberative act has set in motion the arbitration, and the arbitrators take over the controversy and dispose of it subject only to possible application to a court to vacate or to enforce the award. For a discussion of the ""functional"" finality of an arbitration-compelling order see Krauss Bros. Lumber Co. v. Louis Bossert & Sons, 62 F.2d 1004 (CA2, 1933).1

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