· 12/30/1980
Par-Knit Mills, Inc. v. Stockbridge Fabrics Company, Ltd.
Citations
- 636 F.2d 51
- 1980 U.S. App. LEXIS 10983
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that whether the plaintiff entered into an arbitration agreement was a matter for judicial review
- explaining that a sworn affidavit denying the existence of a binding arbitration agreement between parties creates a genuine issue of fact placing the agreement at issue
- directing that all reasonable inferences be drawn in favor of the party opposing arbitration
- judging ■ motion to compel arbitration under summary judgment standard where plaintiff presented “[a]n unequivocal denial that the agreement had been made, accompanied by supporting affidavits”
- collecting case law on this issue and providing a helpful explanation of why the summary judgment standard applies
- judging the arbitrability of the claims under the summary judgment standard where the plaintiff presented “[a]n unequivocal denial that the [arbitration] agreement had been made”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hunter, Garth, Sarokin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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