AJ Curtis and Company v. DW Falls, Inc., 13775
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | HASTIE, FORMAN and SMITH, Circuit |
| Citation | 305 F.2d 811 |
| Parties | A. J. CURTIS AND COMPANY, Appellant, v. D. W. FALLS, INC., and Farnsworth & Chambers Co., Inc., Appellees. |
| Docket Number | No. 13775,13801.,13775 |
| Decision Date | 13 August 1962 |
305 F.2d 811 (1962)
A. J. CURTIS AND COMPANY, Appellant,
v.
D. W. FALLS, INC., and Farnsworth & Chambers Co., Inc., Appellees.
Nos. 13775, 13801.
United States Court of Appeals Third Circuit.
Argued April 23, 1962.
Decided August 13, 1962.
Charles C. Keller, Washington, Pa. (Peacock, Keller & Yohe, Ralph W. Peacock, Washington, Pa., on the brief), for appellant.
Gwilym A. Price, Jr., J. Tomlinson Fort, Pittsburgh, Pa. (Owen B. Marron, Albuquerque, N. M., Austin Wilson, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Gregg & Price, Pittsburgh, Pa., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellees.
Before HASTIE, FORMAN and SMITH, Circuit Judges.
WILLIAM F. SMITH, Circuit Judge.
This matter came before the court below on the appellant's petition and amended petition to vacate or modify an arbitration award, and the answers thereto filed by the appellees. These appeals are from the dismissal of the said petitions. We do not reach the questions raised as to the validity of the award. We are of the opinion, upon our review of the entire record, that the court below lacked jurisdiction to entertain the petitions.
The parties to this litigation entered into a written contract under which they undertook to engage in a commercial enterprise in the State of Pennsylvania. The agreement contains the following clause:
"9) Any and all disputes or controversies arising from or out of the Joint Venture relationship of the parties hereto shall be settled by arbitration; each party to appoint an arbitrator, and the arbitrators so appointed to unanimously select a fourth and fifth, who shall be entirely disinterested; and a decision by the majority to be final and binding upon the parties hereto. If either party shall fail to appoint an arbitrator after ten days written notice by others, the arbitrators selected by such other parties may select three disinterested parties, and the judgment of majority shall be binding upon the parties as above set forth. The total number of arbitrators shall be five."
It must be noted that the parties failed to specify that the arbitration proceedings were to be conducted under the Pennsylvania Arbitration Act of 1927, 5 P.S. § 161 et seq.
When the venture failed to prosper and dissolution was agreed upon, the parties were apparently unable to agree as to the settlement of their accounts. The controversies were submitted to arbitration pursuant to the terms of the agreement. The arbitrators met on several occasions, heard testimony, received documentary evidence, and thereupon made an award in which only a majority concurred. A dissenting opinion, prepared by one of the minority and concurred in by the other, was submitted after the award had been made. The award, accompanied
The appellant, on February 2, 1960, filed a petition for removal, alleging the commencement of a proceeding in the Court of Common Pleas of Washington County, Pennsylvania, diversity of citizenship among the parties, and an amount in controversy in excess of ten thousand dollars. An order of removal was entered on the same day. An original petition to modify or vacate the award was filed by the appellant in the District Court on February 23, 1960. The appellant was granted leave to file an amended petition on October 27, 1960, after the entry of an order of remand by this Court. After a hearing on the merits the original petition, as amended, was dismissed.
NATURE OF...
To continue reading
Request your trial
-
State of Wash. v. AM. LEA. OF PROF. BASE. CLUBS, 71-1299.
...150; Koppers Co. v. Continental Casualty Co., 8 Cir., 1964, 337 F.2d 499, 501-502; A. J. Curtis & Co. v. D. W. Falls, Inc., 3 Cir., 1962, 305 F.2d 811, 814; Meyer v. Indian Hill Farm, Inc., 2 Cir., 1958, 258 F.2d 287, 290; WSAZ, Inc. v. Lyons, 6 Cir., 1958, 254 F.2d 242, 244; Petroleum Carr......
-
Monarch Industrial Corp. v. American Motorists Ins. Co., 61 Civ. 4038.
...pending civil action of which this court has concurrent original jurisdiction. 28 U.S.C. § 1441; A. J. Curtis & Co. v. D. W. Falls, Inc., 305 F.2d 811, 814 (3rd Cir. 1962). The rule is well settled: "The jurisdiction of the federal court on removal is, in a limited sense, a derivative juris......
-
Stapleton v. $2,438,110, 19287.
...Run Coal Co. v. Baltimore & Ohio R.R. Co., 258 U.S. 377, 42 S.Ct. 349, 66 L.Ed. 671 (1922); A. J. Curtis and Company v. D. W. Falls, Inc., 305 F.2d 811 (3rd Cir. 1962); Minnesota v. United States, 305 U.S. 382, 59 S.Ct. 292, 83 L.Ed. 235 (1939). Therefore the problem which must be resolved ......
-
Essington Metal Works v. RETIREMENT PLANS OF AMER., Civ. A. No. 81-5094
...454 F.2d 1210 (3d Cir.1972), cert. denied, 409 U.S. 894, 93 S.Ct. 111, 34 L.Ed.2d 151 (1972); A.J. Curtis & Co. v. D.W. Falls, Inc., 305 F.2d 811 (3d Cir.1962) (the parties may not create jurisdiction in the federal court by acquiescence when the state court from which the suit was removed ......
-
State of Wash. v. AM. LEA. OF PROF. BASE. CLUBS, 71-1299.
...150; Koppers Co. v. Continental Casualty Co., 8 Cir., 1964, 337 F.2d 499, 501-502; A. J. Curtis & Co. v. D. W. Falls, Inc., 3 Cir., 1962, 305 F.2d 811, 814; Meyer v. Indian Hill Farm, Inc., 2 Cir., 1958, 258 F.2d 287, 290; WSAZ, Inc. v. Lyons, 6 Cir., 1958, 254 F.2d 242, 244; Petroleum Carr......
-
Monarch Industrial Corp. v. American Motorists Ins. Co., 61 Civ. 4038.
...pending civil action of which this court has concurrent original jurisdiction. 28 U.S.C. § 1441; A. J. Curtis & Co. v. D. W. Falls, Inc., 305 F.2d 811, 814 (3rd Cir. 1962). The rule is well settled: "The jurisdiction of the federal court on removal is, in a limited sense, a derivative juris......
-
Stapleton v. $2,438,110, 19287.
...Run Coal Co. v. Baltimore & Ohio R.R. Co., 258 U.S. 377, 42 S.Ct. 349, 66 L.Ed. 671 (1922); A. J. Curtis and Company v. D. W. Falls, Inc., 305 F.2d 811 (3rd Cir. 1962); Minnesota v. United States, 305 U.S. 382, 59 S.Ct. 292, 83 L.Ed. 235 (1939). Therefore the problem which must be resolved ......
-
Essington Metal Works v. RETIREMENT PLANS OF AMER., Civ. A. No. 81-5094
...454 F.2d 1210 (3d Cir.1972), cert. denied, 409 U.S. 894, 93 S.Ct. 111, 34 L.Ed.2d 151 (1972); A.J. Curtis & Co. v. D.W. Falls, Inc., 305 F.2d 811 (3d Cir.1962) (the parties may not create jurisdiction in the federal court by acquiescence when the state court from which the suit was removed ......