DAVID WEBER CO., INC., d/b/a WEBER DISPLAY AND PACKAGING v. Bobst Group, Inc

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 02-2127
DAVID WEBER CO., INC., d/b/a WEBER DISPLAY AND PACKAGING
Appellant
v.
BOBST GROUP, INC.
On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civil Action No. 01-cv-02276)
District Judge: Honorable Katharine S. Hayden
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 4, 2003
BEFORE: SLOVITER, RENDELL and STAPLETON, Circuit Judges
(Opinion Filed: February 4, 2003)
OPINION OF THE COURT
STAPLETON, Circuit Judge:
David Weber Co., Inc. (“Weber”), purchased corrugated paperboard
manufacturing equipment from the German subsidiary of Bobst Group, Inc. (“Bobst”).
Weber instituted this diversity action against Bobst, stating claims for fraud and negligent

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misrepresentation. Bobst responded by moving to compel arbitration of Weber’s claims
and to stay this action pending arbitration. The District Court concluded that the parties had
committed in their contract to arbitrate Weber’s claims and granted Bobst’s motion. This
appeal followed. Bobst promptly moved to dismiss for want of jurisdiction.
We will dismiss for lack of appellate jurisdiction. The District Court did not
dismiss the action before it; it entered a “stay . . . until arbitration has concluded.” Section
16(b) of Title 9 of the United States Code provides that “an appeal may not be taken from
an interlocutory order . . . granting a stay.” This statute is applicable here and means what it
says. Green Tree Financial Corp.–Alabama v. Randolph, 531 U.S. 79, 87 n.2 (2000); ATAC
Corp. v. Arthur Treacher’s, Inc., 280 F.3d 1091 (6th Cir. 2002). This was the rule in the
Third Circuit even before the passage of § 16 in 1988. Zosky v. Boyer, 856 F.2d 554 (3d
Cir. 1988) (rejecting claim that stay for arbitration was a final order under the collateral
order doctrine). Because there is no appealable order, we have no jurisdiction to address
any of the issues raised, including whether the District Court erred in finding this
controversy arbitrable.
/s/ Walter K. Stapleton
Circuit Judge

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