Louis Germany v. The River Terminal Ry. Co., & Norfolk & W. Ry. Co., Defendant-Cross-Claimant-Appellee, 477 F.2d 546 (6th Cir. 1973). · Go Syfert
Search
Louis Germany v. The River Terminal Ry. Co., & Norfolk & W. Ry. Co., Defendant-Cross-Claimant-Appellee, 477 F.2d 546 (6th Cir. 1973). Cases Citing This Book View Copy Cite
54 citation events (35 in the last 25 years) across 24 distinct courts.
Strongest positive: Valerie Kloosterman v. Metropolitan Hospital (ca6, 2025-08-27)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 33 distinct citers.
discussed Cited as authority (rule) Valerie Kloosterman v. Metropolitan Hospital (2×)
6th Cir. · 2025 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir. 1973).
discussed Cited as authority (rule) Doe v. Piraino
M.D. Tenn. · 2024 · confidence medium
Accordingly, the court “assume[d] without deciding that our precedent asking whether a party’s actions are ‘completely inconsistent’ with reliance on arbitration survives Morgan.” Id. 477 F.2d 546, 547 (6th Cir. 1973) (per curiam), the court held that an “agreement to arbitrate may be waived by the actions of a party which are completely inconsistent with any reliance thereon,” without referencing prejudice, and citing Burton-Dixie Corp. v. Timothy McCarthy Constr.
discussed Cited as authority (rule) Jason Schwebke v. United Wholesale Mortg. LLC (2×) also: Cited "see"
6th Cir. · 2024 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir. 1973) (per curiam).
cited Cited as authority (rule) Cobble v. T-Mobile Sprint
W.D. Ky. · 2024 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir. 1973)).
cited Cited as authority (rule) Atlas Industrial Contractors LLC v. In2Gro Technologies LLC
S.D. Ohio · 2021 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir. 1973) (per curiam).
cited Cited as authority (rule) Gordon Schuster v. Prestige Senior Management LLC
Wash. Ct. App. · 2016 · confidence medium
In Germany v. River Terminal Railway Co., 477 F.2d 546, 547 (6th Cir. 1973), the circuit court recognized that a party may waive arbitration without the court discussing prejudice as a factor.
discussed Cited as authority (rule) Cash Biz, LP, Redwood Financial, LLC, Cash Zone, LLC Dba Cash Biz v. Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman Jr. (2×)
Tex. App. · 2015 · confidence medium
Co., 477 F.2d 546, 547 (CA6 1973); Coenen v. R.
cited Cited as authority (rule) KenAmerican Resources, Inc. v. Potter Grandchildren, LLC
E.D. Ky. · 2013 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam)).
discussed Cited as authority (rule) Hurley v. Deutsche Bank Trust Co. Americas
6th Cir. · 2010 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam) and citing Doctor’s Assocs., Inc. v. Distajo, 107 F.3d 126, 131 (2d Cir.1997)); see also Manasher v. NECC Telecom, 310 Fed.Appx. 804, 806 (6th Cir.2009); Gen.
cited Cited as authority (rule) Frida Sirota v. NECC Telecom
6th Cir. · 2009 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam).
discussed Cited as authority (rule) Perry Homes v. Cull (2×)
Tex. · 2008 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir. 1973); Ernst & Young LLP v. Baker O’Neal Holdings, Inc., 304 F.3d 753, 758 (7th Cir.2002); Ritzel Commc’ns v. Mid-American Cellular, 989 F.2d 966, 969-71 (8th Cir. 1993); Martin Marietta Aluminum, Inc. v. Gen.
cited Cited as authority (rule) Rex v. CSA-Credit Solutions of America, Inc.
W.D. Mich. · 2007 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam)). “ ‘There is a strong presumption in favor of arbitration, and ... waiver of the right to arbitration is not to be lightly inferred.’ ” O.J.
cited Cited as authority (rule) Kruse v. AFLAC International, Inc.
E.D. Ky. · 2006 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam)).
cited Cited as authority (rule) Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc.
6th Cir. · 2003 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973)).
cited Cited as authority (rule) Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc.
6th Cir. · 2003 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973)).
cited Cited as authority (rule) Rich v. Walsh
S.C. Ct. App. · 2003 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973)); National Found. for Cancer Research v. A.G.
cited Cited as authority (rule) MailSource, LLC v. M.A. Bailey & Associates, Inc.
S.C. Ct. App. · 2003 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973)).
discussed Cited as authority (rule) O.J. Distributing, Inc., A/K/A Great State Beverage v. Hornell Brewing Company, Inc., D/B/A Ferolito, Vultaggio & Sons, A/K/A Arizona Beverages (2×)
6th Cir. · 2003 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam).
discussed Cited as authority (rule) O.J. Distributing v. Hornell Brewing
6th Cir. · 2003 · confidence medium
In light of this “[a]n agreement to arbitrate may be waived by the holding, we need not weigh the three factors a court considers actions of a party which are completely inconsistent with when setting aside an entry of default when service of process any reliance thereon.” Germany v. River Terminal Ry. has been properly effected, and Plaintiff’s claim regarding the co., 477 F.2d 546, 547 (6th Cir. 1973) (per curiam). district court’s denial of its motion for a default judgment is Although a waiver of the right to arbitration is “not to be moot. lightly inferred,” MicroStrategy, Inc…
discussed Cited as authority (rule) Systran Financial Services Corp. v. Giant Cement Holding, Inc. (2×)
N.D. Ohio · 2003 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973).
discussed Cited as authority (rule) Uwaydah v. Van Wert County Hospital (2×)
N.D. Ohio · 2002 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973); American Locomotive Co. v. Gyro Process Co., 185 F.2d 316, 318 (6th Cir.1950); Southern Sys., Inc. v. Torrid Oven Ltd., 105 F.Supp.2d 848, 852 (W.D.Tenn.2000); The Central Trust Co. v. Anemostat Prods.
cited Cited as authority (rule) General Star National Insurance v. Administratia Asigurarilor de Stat
6th Cir. · 2002 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam).
cited Cited as authority (rule) General Star National Insurance Company v. Administratia Asigurarilor De Stat
6th Cir. · 2002 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (per curiam).
discussed Cited as authority (rule) Southern Systems, Inc. v. Torrid Oven Ltd.
W.D. Tenn. · 2000 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973) (recognizing that the right to stay proceedings and compel arbitration may be waived by the actions of a party which is completely inconsistent with any reliance thereon, without discussing prejudice as a factor).
discussed Cited as authority (rule) In Re the Arbitration Between H & M Charters, Inc. & Reed
S.D. Ohio · 1991 · confidence medium
Germany v. River Terminal Railway Co., 477 F.2d 546, 547 (6th Cir.1973); see also Janmort Leasing at 1290; Marvin Hayes Lines, Inc. v. Central States Southeast and Southwest Areas Pension Fund, No. 3-84-0906, 1985 WL 6087 (M.D.Tenn.
cited Cited as authority (rule) Third National Bank in Nashville v. Wedge Group Inc.
M.D. Tenn. · 1990 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973).
cited Cited as authority (rule) Association of Owners of Kukui Plaza v. Swinerton & Walberg Co.
Haw. · 1985 · confidence medium
Burton-Dixie Corp. v. Timothy McCarthy Construction Co., 436 F.2d 405 (5th Cir. 1971).” Germany v. River Terminal Railway Co., 477 F.2d 546, 547 (6th Cir. 1973).
discussed Cited as authority (rule) Sedco, Inc. v. Petroleos Mexicanos Mexican National Oil Co.
5th Cir. · 1985 · confidence medium
Given this, the burden is heavy on one who would prove waiver.” Indeed, though the sparring in Hilti was for “nearly two years,” the court thought it more important that the delay in the proceedings was caused by legitimate prearbitration discovery. 28 Southwest Industrial Import & Export v. Wilmod Co., Inc., 524 F.2d 468, 470 (5th Cir.1975) (willing participation in settlement discussions & reselling goods not waiver of arbitration rights); Germany v. River Terminal Railway Co., 477 F.2d 546, 547 (6th Cir.1973) (“waiver may not be inferred from the fact that a party does not rely excl…
discussed Cited as authority (rule) In The Matter Of The Complaint Of Sedco, Inc.
5th Cir. · 1985 · confidence medium
Given this, the burden is heavy on one who would prove waiver." 34 Indeed, though the sparring in Hilti was for "nearly two years," the court thought it more important that the delay in the proceedings was caused by legitimate pre-arbitration discovery. 28 Southwest Industrial Import & Export v. Wilmod Co., Inc., 524 F.2d 468, 470 (5th Cir.1975) (willing participation in settlement discussions & reselling goods not waiver of arbitration rights); Germany v. River Terminal Railway Co., 477 F.2d 546, 547 (6th Cir.1973) ("waiver may not be inferred from the fact that a party does not rely exclusiv…
cited Cited as authority (rule) S.A. Mineracao Da Trindade-Samitri v. Utah International Inc.
S.D.N.Y. · 1984 · confidence medium
Co., 477 F.2d 546, 547 (6th Cir.1973); Coenen v. R.
discussed Cited as authority (rule) Moses H. Cone Memorial Hospital v. Mercury Construction Corp. (2×)
SCOTUS · 1983 · confidence medium
Co., 477 F. 2d 546, 547 (CA6 1973); Coenen v. R.
cited Cited "see" Eurice Nibbs v. Otis Felix, Commissioner of Public Safety, Government of the Virgin Islands
3rd Cir. · 1984 · signal: see · confidence high
See Germany v. River Terminal Ry., 477 F.2d 546, 547 (6th Cir. 1973). 3 .
discussed Cited "see" Keating v. Superior Court (2×)
Cal. · 1982 · signal: see · confidence high
Council, etc. (10th Cir.1980) 614 F.2d 698 , 703, cert. den. (1980) 449 U.S. 824 [ 66 L.Ed.2d 27 , 101 S.Ct. 85 ] [adopting a "clearly erroneous" standard of review].) (8) We have recently acknowledged that while there is no "single test" in establishing waiver, the relevant factors include whether the party seeking arbitration (1) has "previously taken steps inconsistent with an intent to invoke arbitration," (2) "has unreasonably delayed" in seeking arbitration, (3) or has acted in "bad faith" or with "wilful misconduct." ( Davis v. Blue Cross of Northern California, supra, 25 Cal.3d at pp. …
Louis GERMANY, Plaintiff,
v.
the RIVER TERMINAL RAILWAY COMPANY, Defendant-Appellant, and Norfolk & Western Railway Company, Defendant-Cross-Claimant-Appellee
72-2095.
Court of Appeals for the Sixth Circuit.
Apr 24, 1973.
477 F.2d 546
Dennis M. Kelly, Cleveland, Ohio, for appellant; George J. Moscarino, Dennis M. Kelly, Kenneth F. Seminatore, Jones, Day, Coekley & Reavis, Cleveland, Ohio, on brief., Byron D. Fair, Cleveland, Ohio, for appellee; Byron D. Fair, Thomas V. Chema, Arter & Hadden, Cleveland, Ohio, on brief.
Peck, McCree, Lively.
Cited by 48 opinions  |  Published
PER CURIAM.

This case involves an interchange agreement between two railroads. Louis Germany, who is not a party to the appeal, sued The River Terminal Railway (RTR), his employer, and the Norfolk & Western Railway Company (N&W). He recovered a judgment against RTR for injuries caused by a defect in a railroad car of N&W which was under the control of RTR.

In a cross-claim against RTR, the interchange agreement was filed as an exhibit and relied upon by N&W. By a later pleading, RTR, relying on the same agreement, sought to recover one-half the verdict as well as one-half of all costs from N&W. Section 8 of that agreement provided for compulsory arbitration “[I]n case of any disagreement between the parties hereto as to the true construction or meaning of any of the provisions of this agreement, or as to the rights of either party hereunder, or as to any claim arising hereunder . ” The arbitration provisions of the agreement were specifically cited by RTR in a tendered amendment to a pleading in support of its position that the cross-claim of N&W failed to state a claim upon which relief could be granted.

The trial court refused to permit the "filing of the amended pleading which set up the arbitration provisions of the agreement and proceeded to interpret the agreement itself.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) favors the submission of disputes to arbitration in accordance with the intentions of the parties to an agreement as a means of easing court congestion. Galt v. Libbey-Owens-Ford Glass Co., 376 F.2d 711 (7th Cir. 1967). An agreement to arbitrate may be waived by the actions of a party which are completely inconsistent with any reliance thereon. Burton-Dixie Corp. v. Timothy McCarthy Construction Co., 436 F.2d 405 (5th Cir. 1971). However, waiver may not be inferred from the fact that a party does not rely exclusively on the arbitration provisions of a contract, but attempts to meet all issues raised in litigation between it and another party to the agreement. General Guaranty Insurance Co. v. New Orleans General Agency, Inc., 427 F.2d 924 (5th Cir. 1970).

The District Judge made no finding on the issue of the right of RTR to have the dispute between it and N&W decided by arbitration. Our review of the record convinces us there was no waiver by RTR in the district court pro[*548] ceedings. On appeal RTR has sought to abandon its request for arbitration “in the interest of concluding this dispute as rapidly as possible.” However, the courts are concerned that the salutary results of the policy expressed in the Federal Arbitration Act be realized.

The correct construction of the interchange agreement involved here will necessarily require an understanding of railroad practices and terminology. This can best be achieved by persons familiar with the industry.

The judgment of the district court is vacated and the cause remanded for entry of an order requiring RTR and N&W to submit the issues in dispute to arbitration.