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NECCHI SEWING MACHINE SALES CORP. v. CARL

No. 66 Civ. 1117.

260 F.Supp. 665 (1966)

In the Matter of the Arbitration of Controversies between NECCHI SEWING MACHINE SALES CORP. and Elna Sewing Machine Co., Inc., Petitioners, and Henry A. CARL, doing business as Southwest Sewing Machine & Supply Company, Respondent.

United States District Court S. D. New York.

November 17, 1966.

Attorney(s) appearing for the Case

Herbst & Herbst, New York City, for petitioners; Samuel B. Herbst, New York City, of counsel.

Lord, Day & Lord, New York City, for respondent; Woodson D. Scott, New York City, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge.

Petitioners, Necchi Sewing Machine Sales Corp. (Necchi) and Elna Sewing Machine Co., Inc. (Elna), move pursuant to N.Y.CPLR § 7503(a) and 9 U.S.C. § 4 for an order (1) directing respondent Southwest Sewing Machine & Supply Company (Southwest) to proceed to arbitration; and (2) staying Southwest from proceeding further in its action against Necchi and Elna now pending in the Oklahoma State courts...

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