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SHARON STEEL CORP. v. JEWELL COAL AND COKE CO.

No. 83-5611.

735 F.2d 775 (1984)

SHARON STEEL CORPORATION, Appellant, v. JEWELL COAL AND COKE COMPANY.

United States Court of Appeals, Third Circuit.

Decided June 1, 1984.

Attorney(s) appearing for the Case

Walter T. McGough (argued), W. Thomas McGough, Jr., David Ziegler, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant.

Joseph A. Katarincic (argued), Michael R. Plummer, Neal R. Brendel, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for appellee.

Before GIBBONS and HUNTER, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Sharon Steel Corporation appeals from the denial of its petition to compel arbitration in a contractual dispute with Jewell Coal & Coke Company. The district court ruled that Sharon's commercial impracticability claim did not constitute the sort of force majeure claim that the contract referred to arbitration. Because we hold that Sharon raised a prima facie claim of arbitrability we will reverse and...

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