Albin Stevedore Company, a Washington Corporation v. Central Rigging & Contracting Corporation

Ninth Circuit

Albin Stevedore Company, a Washington Corporation v. Central Rigging & Contracting Corporation

308 F.2d 347

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 16, 1962

Docket17609_1

StatusPublished

Cited by4 cases

This text of 308 F.2d 347 (Albin Stevedore Company, a Washington Corporation v. Central Rigging & Contracting Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albin Stevedore Company, a Washington Corporation v. Central Rigging & Contracting Corporation, 308 F.2d 347 (9th Cir. 1962).

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Opinion

PER CURIAM.

Albin Stevedore Company appeals from a summary judgment dismissing its first cause of action in a suit which it brought against Central Rigging and Contracting Corporation. The question presented is whether the subject matter of that cause of action had been submitted to arbitration along with the subject matter of appellant’s second cause of action, and had therefore been disposed of by the award of the arbitrations.

We hold that under the undisputed facts established in connection with cross-motions for summary judgment, the subject matter of the first cause of action was a part of the claim submitted to the arbitrators. Their award in “full settlement of all claims submitted” therefore disposed of that cause of action, leaving nothing pending in the district court.

The judgment is affirmed.

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PER CURIAM.

Albin Stevedore Company appeals from a summary judgment dismissing its first cause of action in a suit which it brought against Central Rigging and Contracting Corporation. The question presented is whether the subject matter of that cause of action had been submitted to arbitration along with the subject matter of appellant’s second cause of action, and had therefore been disposed of by the award of the arbitrations.

We hold that under the undisputed facts established in connection with cross-motions for summary judgment, the subject matter of the first cause of action was a part of the claim submitted to the arbitrators. Their award in “full settlement of all claims submitted” therefore disposed of that cause of action, leaving nothing pending in the district court.

The judgment is affirmed.

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308 F.2d 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albin-stevedore-company-a-washington-corporation-v-central-rigging-ca9-1962.

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