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NEW ENGLAND ENERGY INC. v. KEYSTONE SHIPPING CO.

Nos. 88-1202, 88-1203.

855 F.2d 1 (1988)

NEW ENGLAND ENERGY INC., et al., Plaintiffs, Appellants, v. KEYSTONE SHIPPING COMPANY, Defendant, Appellee. KEYSTONE SHIPPING COMPANY, Plaintiff, Appellee, v. NEW ENGLAND ENERGY INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 24, 1988.

Attorney(s) appearing for the Case

John M. Stevens with whom John H. Henn, Foley, Hoag & Eliot, John F. Sherman, III and Cheryl A. LaFleur, Boston, Mass., were on brief for plaintiffs, appellants.

Rudolph F. Pierce with whom Kitt Sawitsky, Joel R. Leeman, Goulston & Storrs, P.C., Boston, Mass., Raymond J. Burke, Thomas A. Dillon, Jr., Burke & Parsons, New York City, and Ralph G. Hill, were on brief for defendant, appellee.

Before COFFIN, TORRUELLA and SELYA, Circuit Judges.

COFFIN, Circuit Judge.

This case requires us to decide whether federal courts have the power to order consolidation of two arbitrations when the parties' agreements to arbitrate make no express reference to the issue of consolidation. The district court, although determining that consolidation was appropriate under the circumstances, held that it lacked the power to order consolidation. We have carefully reviewed the authorities...

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