In The Matter Of Hart Ski Mfg. Co., Inc., 711 F.2d 845 (8th Cir. 1983). · Go Syfert
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In The Matter Of Hart Ski Mfg. Co., Inc., 711 F.2d 845 (8th Cir. 1983). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2009 · 2 courts · …a claim may be filed to secure a creditor's right to partake in distribution of the debtor's estate without waiving his right to arbitration. ⚠ not in text
23 citation events (2 in the last 25 years) across 16 distinct courts.
Strongest positive: In Re Consolidated Fgh Liquidating Trust (mssb, 2009-11-06)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (quoted) In Re Consolidated Fgh Liquidating Trust
Bankr. S.D. Miss. · 2009 · quote attribution · 1 verbatim quote · confidence low
a claim may be filed to secure a creditor's right to partake in distribution of the debtor's estate without waiving his right to arbitration.
discussed Cited as authority (quoted) Herrington v. Wells Fargo Bank (In Re Herrington)
Bankr. E.D. Pa. · 2007 · quote attribution · 1 verbatim quote · confidence low
a claim may be filed to secure a creditor's right to partake in distribution of the debtor's estate without waiving his right to arbitration.
cited Cited as authority (rule) Avedon Engineering, Inc. v. Seatex
10th Cir. · 1997 · confidence medium
Co. v. Maschinenfabrik Hennecke, 711 F.2d 845, 846 (8th Cir.1983) (federal law' governs whether parties have agreed to arbitrate).
cited Cited as authority (rule) Daisy Manufacturing Co., Inc., a Delaware Corporation v. Ncr Corporation, a Maryland Corporation
8th Cir. · 1994 · confidence medium
Co., 711 F.2d 845, 846 (8th Cir.1983) (“the record evidence, including the parties’ subsequent course of dealings, shows that they had agreed to arbitrate this dispute.”); Heaton Dist.
cited Cited as authority (rule) In Re Statewide Realty Co.
Bankr. D.N.J. · 1993 · confidence medium
Co.), 711 F.2d 845, 846 (8th Cir.1983).
cited Cited as authority (rule) Cook Chocolate Co. v. Salomon, Inc.
S.D.N.Y. · 1988 · confidence medium
Co., 711 F.2d 845, 846 (8th Cir.1983) (“federal law governs the question of whether the parties have agreed to arbitrate”) with Supak & Sons Mfg.
discussed Cited as authority (rule) Genesco, Inc. v. Kakiuchi (2×) also: Cited "see"
2d Cir. · 1987 · confidence medium
Co., 388 U.S. 395, 404 , 87 S.Ct. 1801, 1806 , 18 L.Ed.2d 1270 (1967); In re Hart Ski Manufacturing, 711 F.2d at 846; Fisser v. International Bank, 282 F.2d 231, 233 (2d Cir.1960); Robert Lawrence Co. v. Devonshire Fabrics, Inc., 271 F.2d 402, 406 (2d Cir.1959), cert. dismissed, 364 U.S. 801 , 81 S.Ct. 27 , 5 L.Ed.2d 37 (1960); but see Supak & Sons Manufacturing Co. v. Pervel Indus., Inc., 593 F.2d 135, 137 (4th Cir.1979). 13 Under general contract principles a party is bound by the provisions of a contract that he signs, unless he can show special circumstances that would relieve him of such …
cited Cited as authority (rule) Oriental Commercial & Shipping Co. v. Rosseel, N.V.
S.D.N.Y. · 1985 · confidence medium
Co. v. Maschinenfabrik Hennecke, GmbH, 711 F.2d 845, 846 (8th Cir.1983); Atlanta Shipping Corp. v. Cheswick-Flanders & Co., 463 F.Supp. 614, 617 (S.D.N.Y.1978).
discussed Cited "see" Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
3rd Cir. · 1989 · signal: see · confidence high
See In re Hart Ski, 18 B.R. 154 (Bankr.D.Minn.), opinion amended, 22 B.R. 762 , aff’d, 22 B.R. 763 (D.Minn.1982), aff'd, 711 F.2d 845 (8th Cir.1983) (enforcing an arbitration clause in a proceeding brought by the Chapter XI debtor); In re Morgan, 28 B.R. 3 (enforcing arbitration clause in an adversary action brought by a Chapter XI debtor); In re Guy C.
cited Cited "see" O. Mustad & Sons v. Seawest Industries, Inc. (In Re Seawest Industries, Inc.)
W.D. Wash. · 1987 · signal: see · confidence high
See In re Hart Ski Manufacturing Co., 18 B.R. 154 , modified, 22 B.R. 763 (1982), aff'd, 22 B.R. 763 (1982), aff'd, 711 F.2d 845 (8th Cir.1983).
discussed Cited "see" Genesco, Inc. v. T. Kakiuchi & Co.
2d Cir. · 1987 · signal: see · confidence high
Fed.R.Civ.P. 52(a); see In re Hart Ski Manufacturing Co., 711 F.2d 845, 846 (8th Cir.1983) (whether the parties have agreed to arbitrate is a factual question); Hanes Supply Co. v. Valley Evaporating Co., 261 F.2d 29, 34-35 (5th Cir.1958) (same).
Retrieving the full opinion text from the archive…
In the Matter of Hart Ski Mfg. Co., Inc., a Minnesota Corporation. Hart Ski Mfg. Co., Inc.
v.
Maschinenfabrik Hennecke, Gmbh, a West German Corporation
82-2114.
Court of Appeals for the Eighth Circuit.
Jul 7, 1983.
711 F.2d 845
Cited by 8 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: S.D. Mississippi (1) · E.D. Pennsylvania (1)

711 F.2d 845

In the Matter of HART SKI MFG. CO., INC., a Minnesota corporation.
HART SKI MFG. CO., INC., Appellant,
v.
MASCHINENFABRIK HENNECKE, GmbH, a West German corporation, Appellee.

No. 82-2114.

United States Court of Appeals,
Eighth Circuit.

Submitted May 19, 1983.
Decided July 7, 1983.

Frank Claybourne, Robert S. Brill, Doherty, Rumble & Butler, P.A., St. Paul, Minn., for Hart Ski Mfg. Co., Inc., appellant.

William M. Barron, Eric J. Stenshoel, Walter, Conston, Schurtman & Gumpel, P.C., New York City, for appellee; Alan Atlas, Harstad & Rainbow, Minneapolis, Minn., of counsel.

Before BRIGHT and McMILLIAN, Circuit Judges, and NICHOL,[*] Senior District Judge.

McMILLIAN, Circuit Judge.

[*~845]1

Hart Ski Manufacturing Co. (Hart) appeals from a final order entered in the District Court, 22 B.R. 763,[1] for the District of Minnesota affirming the Bankruptcy Court's decision below, 22 B.R. 762. The Bankruptcy Court had dismissed Hart's counterclaim against Maschinenfabrik Hennecke, GmbH (Hennecke) without prejudice and ordered the parties to submit their dispute to international arbitration. Relying on the clearly erroneous rule, the District Court affirmed the Bankruptcy Court's factual finding that the parties had exhibited their agreement to arbitration through their subsequent course of dealings. The District Court also agreed with the Bankruptcy Court that Hennecke's act of filing a proof of claim in a bankruptcy proceeding did not constitute a waiver of Hennecke's right to invoke arbitration. For reversal Hart argues that it never agreed to arbitrate and, even if it had, Hennecke has waived its right to invoke arbitration by filing a claim against Hart's bankruptcy estate. Hart relies heavily on In re Doughboy Industries, Inc., 17 A.D.2d 216, 233 N.Y.S.2d 488 (App.Div.1962). Doughboy Industries was a case decided by a court, and in an era, that was generally hostile to arbitration. We note that Doughboy Industries has no application in this Circuit. Under the Arbitration Act, 9 U.S.C. §§ 1-14 (1976), federal law governs the question of whether the parties have agreed to arbitrate. Moses H. Cone Memorial Hospital v. Mercury Construction Corp., --- U.S. ----, 103 S.Ct. 927, 941-42, 74 L.Ed.2d 765 (1983). This is a factual question which is controlled by our decision in N & D Fashions, Inc. v. DHJ Industries, Inc., 548 F.2d 722, 725-27 (8th Cir.1977), and by "the federal policy favoring arbitration" in contracts governed by the Arbitration Act. Moses H. Cone Memorial Hospital, 103 S.Ct. at 941.

[*~846]2

After a careful review of the parties' arguments, we find that the record evidence, including the parties' subsequent course of dealings, shows that they had agreed to arbitrate this dispute. See U.C.C. §§ 2-204, 1-205 (1976); Transcript of Motion Hearing at 47, 18, 22, 23 & 27. Accordingly, we affirm the result reached by the District Court.

*

The Honorable Fred J. Nichol, United States Senior District Judge for the District of South Dakota, sitting by designation

1

The Honorable Earl R. Larson, United States Senior District Judge for the District of Minnesota