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LUMMUS COMPANY v. COMMONWEALTH OIL REFINING CO.

195 F.Supp. 47 (1961)

In the Matter of the Arbitration of Certain Differences Between LUMMUS COMPANY, Petitioner, and COMMONWEALTH OIL REFINING COMPANY, Inc., Respondent.

United States District Court S. D. New York.

June 2, 1961.

Attorney(s) appearing for the Case

Cahill, Gordon, Reindel & Ohl, New York City, for petitioner. Lawrence J. McKay, Raymond L. Falls, Jr., Thomas F. Curnin, New York City, of counsel.

Sullivan & Cromwell, New York City, for respondent. Richard deY. Manning, Milton Pollack, New York City, Ruben Rodriguez-Antongiorgi, San Juan, P. R., John F. Dooling, Jr., Hamilton F. Potter, Jr., Jeffrey A. Fillman, New York City, of counsel.

WEINFELD, District Judge.

This proceeding was originated in the Supreme Court of the State of New York by The Lummus Company to compel Commonwealth Oil Refining Company, Inc. to arbitrate disputes arising out of two contracts entered into between them, each of which contained an arbitration clause.

Lummus now moves to remand the proceeding to the State Court,1 from which it had been removed to this Court on the petition of Commonwealth...

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