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METRO INDUSTRIAL PAINTING CORP. v. TERMINAL CONST. CO.

181 F.Supp. 130 (1960)

Application of METRO INDUSTRIAL PAINTING CORP. and Max Gerben, Joan Gerben and Leo Gerben, doing business as Gerben Contracting Company, Petitioners, v. TERMINAL CONSTRUCTION CO., Inc., and Frouge Construction Co., Inc., Respondents, for an order compelling arbitration to § 4 of Title 9 U.S.Code.

United States District Court S. D. New York.

February 15, 1960.

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman, New York City, for petitioners, David Morgulas, New York City, of counsel.

Raphael, Searles, Levin & Vischi, New York City, for respondents, Sidney O. Raphael, Leo M. Drachsler, New York City, of counsel.

DAWSON, District Judge.

This is a motion to compel arbitration pursuant to § 4 of the United States Arbitration Act, 9 U.S.C. § 4, on the ground that petitioners are parties aggrieved by the alleged failure, neglect or refusal of respondents to arbitrate pursuant to a written agreement for arbitration. There is also a cross-motion by respondents to stay arbitration pursuant to § 3 of the Act and to dismiss the petition on the ground that petitioners...

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