the Barden & Robeson Corporation v.  FELLOWSHIP BAPTIST CHURCH OF VIENNA, by

01-1134Court of Appeals for the Fourth Circuit8 janv. 2002

Texte intégral

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
 THE BARDEN & ROBESON
CORPORATION,
Plaintiff-Appellant,
v.
No. 01-1134  FELLOWSHIP BAPTIST CHURCH OF
VIENNA, by and through its Trustees;
GLEN GAINER, III; CLAYTON BOND;
KERMIT POLAN,
Defendants-Appellees. 
Appeal from the United States District Court
for the Southern District of West Virginia, at Parkersburg.
Joseph Robert Goodwin, District Judge.
(CA-00-1005-6)
Argued: December 4, 2001
Decided: January 8, 2002
Before WILKINS and MICHAEL, Circuit Judges, and
HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
COUNSEL
ARGUED: Nathan M. Lyman, LYMAN & LYMAN, L.L.C., Albion,
New York, for Appellant. Charles Edward McDonough, BOWLES,
RICE, MCDAVID & LOVE, P.L.L.C., Parkersburg, West Virginia,

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for Appellees. ON BRIEF: Robert L. Bays, BOWLES, RICE,
MCDAVID & LOVE, P.L.L.C., Parkersburg, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
The Barden & Robeson Corporation (Barden) appeals the district
court’s dismissal (for lack of subject matter jurisdiction) of its petition
to compel arbitration in its contractual dispute with the Fellowship
Baptist Church of Vienna, West Virginia. The district court explained
in its opinion that state courts in West Virginia had already consid-
ered Barden’s arbitration claim and had entered judgment against
Barden in the contractual dispute. The district court found that Bar-
den’s petition in federal court was in effect an attempt to upset the
judgment of the West Virginia circuit court and held that the Rooker-
Feldman doctrine precluded federal court jurisdiction over Barden’s
petition. We agree with the district court that it lacked subject matter
jurisdiction over Barden’s petition to compel arbitration, and we
affirm on that court’s reasoning. See Barden & Robeson Corp. v. Fel-
lowship Baptist Church of Vienna, No. 6:00-1005 (S.D. W.Va. Jan.
9, 2001).
AFFIRMED
2 BARDEN & ROBESON v. FELLOWSHIP BAPTIST CHURCH

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