SEABOARD COAST LINE R. CO. v. TRAILER TRAIN CO.

No. 81-5568.

690 F.2d 1343 (1982)

SEABOARD COAST LINE RAILROAD COMPANY, formerly Seaboard Air Line Railroad Company, a Virginia Corporation, Plaintiff-Appellant, v. TRAILER TRAIN COMPANY, a/k/a Trailer Train, Inc., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 8, 1982.


Attorney(s) appearing for the Case

Grissett, Humphries & Kellogg, Peter J. Kellogg, Homer H. Humphries, Jr., Jacksonville, Fla., for plaintiff-appellant.

Martin, Ade, Birchfield & Johnson, Stephen H. Durant, Jacksonville, Fla., Hopkins & Sutter, Michael M. Conway, Chicago, Ill., for defendant-appellee.

Before KRAVITCH and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

This appeal presents two questions concerning arbitration: whether the arbitration clause of a contract is applicable to the dispute involved, and whether the order denying arbitration is appealable as a final judgment. We hold that we have jurisdiction to consider the appeal1 but conclude that arbitration is not required. Hence we affirm.

I.

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