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PRIMA PAINT CORPORATION v. FLOOD & CONKLIN MFG. CO.

No. 65-Civ. 3416.

262 F.Supp. 605 (1966)

PRIMA PAINT CORPORATION, Plaintiff, v. FLOOD & CONKLIN MFG. CO., Defendant.

United States District Court S. D. New York.

February 10, 1966.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for plaintiff.

Wachtel & Michaelson, New York City, for defendant.

CROAKE, District Judge.

MEMORANDUM

These are motions: (a) by the plaintiff, pursuant to Rule 65, Fed.R.Civ.P., to stay arbitration, and (b) by the defendant, pursuant to Rule 7(b), Fed.R. Civ.P., and 9 U.S.C.A. § 1 et seq., to stay this action pending arbitration. Both motions will be decided in the instant opinion.

This action arises out of a Consulting Agreement entered into on October 7, 1964 whereby the defendant agreed to serve the plaintiff...

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