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J.J. RYAN & SONS v. RHONE POULENC TEXTILE, S.A.

Nos. 87-1759, 87-1760 and 88-1501.

863 F.2d 315 (1988)

J.J. RYAN & SONS, INC. Plaintiff-Appellee, v. RHONE POULENC TEXTILE, S.A.; Rhone Poulenc Fibers, S.A.; Rhodia, A.G.; Sodetal, S.A.; Rhone Poulenc, S.A., Defendants-Appellants (Two Cases). J.J. RYAN & SONS, INC. Plaintiff-Appellant, v. RHONE POULENC TEXTILE, S.A.; Rhone Poulenc Fibers, S.A.; Rhodia, A.G.; Sodetal, S.A.; Rhone Poulenc, S.A., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 13, 1988.

Attorney(s) appearing for the Case

Ellis Murray Johnston, II (Donald L. Ferguson, Haynsworth, Marion, McKay & Guerard, Greenville, S.C., on brief), for defendants-appellants.

William B. McGurn, III (Douglas Glucroft, Cleary, Gottlieb, Steen & Hamilton, New York City, Albert Q. Taylor, Jr., Joseph E. Major, Leatherwood, Walker, Todd & Mann, Greenville, S.C., on brief) for plaintiff-appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

In an action brought by J.J. Ryan & Sons, Inc., against Rhone Poulenc Textile, S.A., and four of its affiliated corporations, the district court retained jurisdiction over the first count of the complaint. It dismissed the remaining seven counts for lack of jurisdiction, holding that the claims they asserted were referable to arbitration. Because the claim asserted in the first count is also arbitrable, we reverse that part of the...

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