Baltimore Contractors, Inc. v. Bodinger (348 U.S. 176)
U.S. Supreme Court · decided January 10, 1955 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 176 · 75 S. Ct. 249
- Decided
- January 10, 1955
- Term
- October Term 1954
- Vote
- 6–2
- Majority author
- Justice Reed
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. The question in this case is whether an appeal may be taken to a court of appeals from a district court order refusing to stay an action for an accounting pending arbitration. This equitable action was brought in a state court for an accounting of the profits of a joint venture in construction under the National Housing Act, and was removed to a federal district court on the basis of diversity of citizenship. Under the joint venture agreement, Baltimore Contractors agreed to pay the respondent twenty-five percent of the net profits on its construction contracts. The provision under which arbitration was sought reads as follows: “In the event of any dispute in the calculation of the net profits under this Paragraph, Erenkil shall select either Wooden and Benson or Haskins and Sells or an accountant or auditor named by either of them whose determination of all such disputes shall be final and binding upon all parties to the dispute.” The complaint alleged a number of improper practices on the part of Contractors: the use of “dummy” corporations to inflate costs; charges for machinery and material purchases without credits for value or surpluses after completion of the job; receipt of undisclosed rebates; excessive charges and rental for equipment; padded insurance costs, etc. The petitioner moved for a stay of the action…
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