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VARLEY v. TARRYTOWN ASSOCIATES, INC.

No. 72 Civ. 2440.

346 F.Supp. 331 (1972)

In the Matter of the Arbitration of Controversies between Gerald M. VARLEY, doing business Under the Tradename and Style of Varley Textile Associates, Petitioner, v. TARRYTOWN ASSOCIATES, INC., Respondent.

United States District Court, S. D. New York.

July 25, 1972.

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler, by Daniel Cohen, New York City, for petitioner.

Lans, Feinberg & Cohen, New York City, Spruill, Trotter & Lane, by Michael S. Colo, Rocky Mount, N. C., for respondent.

MEMORANDUM

BRIEANT, District Judge.

Respondent resists this motion to confirm a commercial arbitration award made against it for a sum in excess of $10,000.00 pursuant to the rules of the American Arbitration Association. It claims that:

"The Court lacks jurisdiction over this cause for the reason that said agreement . . . is not an agreement evidencing a transaction involving interstate commerce, but...

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