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BARBER & ROSS COMPANY v. CORNELL & COMPANY

Civ. No. 3183-64.

242 F.Supp. 825 (1965)

BARBER & ROSS COMPANY, a corporation, Plaintiff, v. CORNELL & COMPANY, Inc., a corporation, Defendant.

United States District Court District of Columbia.

July 8, 1965.

Attorney(s) appearing for the Case

Harvey H. Holland, Jr., Washington, D. C., for plaintiff.

Daniel L. O'Connor, Washington, D. C., for defendant.

YOUNGDAHL, District Judge.

Defendant moved this Court to stay the proceedings in the above captioned action for damages for breach of contract, pursuant to 9 U.S.C. § 3. That provision, which is quoted in full in the margin,1 provides for such a stay in certain circumstances "providing the applicant for the stay is not in default in proceeding with such arbitration." Although several issues as to the applicability of the statute are...

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