United States First Circuit

In a suit over payment for a shipment of seed potatoes, an arbitration order and denial of plaintiff's motion to vacate the award are affirmed where: 1) plaintiffs' claims that the issue was not arbitrable went to the merits of the arbitration, not the issue of arbitrability; and 2) the arbitrator did not err by denying certain of plaintiffs' claims based on the statute of frauds.

Appellate Information

• Decided 11/02/2007
• Published 11/02/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Nicholas J.K. Mahoney, for appellants.


• For Appellees:
  
• Frederick J. Badger, Jr. with whom Richardson, Whitman, Large and Badger was on brief for appellees.