Shanferoke Coal & Supply Corp. v. Westchester Svc. Corp.,
Annotate this Case
293 U.S. 449 (1935)
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U.S. Supreme Court
Shanferoke Coal & Supply Corp. v. Westchester Svc. Corp., 293 U.S. 449 (1935)
Shanferoke Coal & Supply Corp. v.
Westchester Service Corp.
Argued December 7, 1934
Decided January 7, 1935
293 U.S. 449
1. Denial by the District Court of an application for a stay of proceedings in an action on a contract until an arbitration shall be had in accordance with the terms of the contract is in effect an order denying an interlocutory injunction, and is appealable, under Jud.Code, § 129, to the Circuit Court of Appeals. Enelow v. New York Life Ins. Co., ante, p. 293 U. S. 379. P. 293 U. S. 451.
2. As bearing on this question of jurisdiction on appeal, it is immaterial whether or not the terms of the contract sued on would preclude entry in a federal court of a decree for specific performance of the arbitration. P. 293 U. S. 452.
3. The power of the District Court under § 3 of the U.S. Arbitration Act of February 12, 1925, to grant a stay of an action until arbitration has been had in accordance with the terms of a written agreement is not confined to cases in which that court may itself compel arbitration under § 4 of the same Act, but extends to cases in which the arbitration agreement provides for compulsory proceedings exclusively in the state courts. P. 293 U. S. 452.
70 F.2d 297 affirmed.
Certiorari to review the reversal, on an interlocutory appeal, of an order of the District Court denying a stay of proceedings in an action on a contract between citizens of different states.