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McDERMOTT INTERN., INC. v. UNDERWRITERS AT LLOYDS SUBSCRIBING TO MEMORANDUM OF INS. NO. 104207

No. 92-3622.

981 F.2d 744 (1993)

McDERMOTT INTERNATIONAL, INC., Plaintiff-Appellant, v. UNDERWRITERS AT LLOYDS SUBSCRIBING TO MEMORANDUM OF INSURANCE NO. 104207, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 6, 1993.

Attorney(s) appearing for the Case

Arden J. Lea, Joseph P. Tynan, Lea, Plavnicky & Moseley, John V. Baus, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for plaintiff-appellant.

John E. Galloway, Robert C. Corn, Galloway, Johnson, Tompkins & Burr, New Orleans, LA, for amicus curiae.

Luther T. Munford, Phelps Dunbar, Jackson, MS, Harry S. Redmon, Jr., Gerardo R. Barrios, Danny Shaw, James H. Roussel, Phelps Dunbar, New Orleans, LA, for Underwriters.

Donald Hoffman, Ann Marie LeBlanc, Paul J. Politz, Hoffman, Sutterfield, Ensenat & Bankston, New Orleans, LA, for Maxon Young.

George W. Renaudin, William Harrison, Griggs & Harrison, Houston, TX, for Certain Underwriters.

Before JONES and BARKSDALE, Circuit Judges, and JUSTICE, District Judge.

BARKSDALE, Circuit Judge:

The determinative starting point for this appeal by McDermott International, Inc., is whether the district court orders compelling arbitration of McDermott's dispute with certain Underwriters at Lloyds and staying litigation pending arbitration are interlocutory, not final. Because we hold that they are the former, and because § 16 of the Federal Arbitration Act, 9 U.S.C. § 1 et seq., prohibits appeal from such orders, we...

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