May 11, 1994 [NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-2240
PRESIDENT AND FELLOWS OF HARVARD COLLEGE,
Plaintiffs, Appellees,
v.
MARRIOTT HOTELS, INC.,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
Before
Selya, Circuit Judge,
Coffin and Bownes, Senior Circuit Judges.
Gordon P. Katz, with whom Ieuan G. Mahony and Sherburne,
Powers & Needham, P.C. were on brief, for appellant.
Richard W. Renehan, with whom Timothy Veeser, Hill & Barlow,
and Robert B. Donin were on brief, for appellees.
Per Curiam. We are unable to find any cognizable basis
Per Curiam.
in the record to support the district court's spontaneous
decision to rule upon a motion it had previously agreed to hold
in abeyance for the time being. We are similarly puzzled by the
court's unexplained denial of the motion in question, namely,
appellant's motion to compel arbitration and stay judicial
proceedings. Because it is readily evident that the district
court never addressed the merits of the motion, we summarily
vacate the denial order, see 1st Cir. R. 27.1, and remand the
case to the lower court with directions to hear and determine the
motion in the ordinary course, affording substantive
consideration to the question of arbitrabilty vel non.
Vacated and remanded. Costs in favor of appellant.
Vacated and remanded. Costs in favor of appellant.
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