United States Second Circuit

Plaintiff's suit, filed in district court, to compel defendant to arbitrate an indemnification dispute is dismissed where the issue of whether a valid arbitration agreement existed between the two parties should be decided by the arbitrator.

Appellate Information

• Argued 12/09/2004
• Decided 02/15/2005
• Published 02/15/2005

Judges

• OAKES, Senior Circuit Judge., Before OAKES, JACOBS, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David L. Finger, Wilmington, DE (Finger & Slanina, LLC;  and Madeline H. Kibrick Kauffman, Nolan & Heller, LLP, Albany, NY, of counsel), for Appellant.


• For Appellees:
  
• Kenneth L. Stein, New York, N.Y. (Jones Day, of counsel), for Appellee.