United States Supreme Court Cases & Opinions

U.S. Supreme Court

Schoenamsgruber v. Hamburg American Line, 294 U.S. 454 (1935)

Schoenamsgruber v. Hamburg American Line

No. 424

Argued February 8, 1935

Decided March 4, 1935*

294 U.S. 454

Syllabus

1. In a proceeding in admiralty based upon a contract containing a provision for the arbitration of claims arising out of a breach, an order of the District Court, pursuant to the U.S. Arbitration Act, directing the parties to proceed to arbitration, staying the trial of the action pending the filing of the award, and retaining jurisdiction to enter its decree upon the award is interlocutory, and not appealable. P. 456.

2. The order is not an interlocutory injunction within the meaning of § 129 of the Judicial Code, allowing appeals from interlocutory orders in certain proceedings. P. 294 U. S. 456.

Page 294 U. S. 455

3. Section 129 of the Judicial Code applies only to suits in equity, except as otherwise specified therein; appeals from interlocutory decrees in admiralty are limited to such only as determine the rights and liabilities of the parties. Jud.Code, § 129, as amended by Act of April 3, 1926. P. 294 U. S. 457.

70 F.2d 234 affirmed.

Certiorari, 293 U.S. 547, to review a decree dismissing appeals from an order of the District Court for arbitration in a proceeding in admiralty.