North Supply Co. v. Greater Development & Services Corp.

728 F.2d 363 (1984)

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North Supply Co. v. Greater Development & Services Corp.

United States Court of Appeals for the Sixth Circuit
728 F.2d 363 (1984)

Facts

North Supply Co. (North) (plaintiff) entered into an agency contract with Greater Development & Services Corp. (GDSC) (defendant). Even though the deal collapsed, GDSC appeared to still be entitled to the commission under the contract. North sued for reformation in federal district court. GDSC brought arbitration under the contract’s arbitration clause and filed a motion in the district court to stay all proceedings so that arbitration could take place. The court refused on the ground that the courts should handle issues involving reformation. GDSC appealed, but the court of appeals dismissed because there was no injunction that would allow interlocutory appeal under 28 U.S.C. § 1292(a)(1). North motioned the district court to issue a stay of the arbitration proceedings until the trial could be completed, which the court also denied. North appealed to the United States Court of Appeals for the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

Dissent (Kennedy, J.)

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