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NETHERLANDS CURACAO CO., N.V. v. KENTON CORPORATION

No. 73 Civ. 3521.

366 F.Supp. 744 (1973)

NETHERLANDS CURACAO CO., N.V., Plaintiff, v. KENTON CORPORATION, Defendant.

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

November 12, 1973.

Attorney(s) appearing for the Case

Bergreen & Bergreen, New York City, for plaintiff; David Brady, Martin Blackman, Carl Golden, New York City, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendant; Donald P. Wefer, Bernhardt K. Wruble, Paul G. Wallach, New York City, of counsel.

GURFEIN, District Judge:

The defendant, Kenton Corporation ("Kenton"), has applied for an order pursuant to 9 U.S.C. §§ 3 and 6 and Fed.R.Civ.P. 12(b), directing that this action be stayed or dismissed in view of a pending arbitration. The plaintiff moves for a stay of the arbitration. This action, based on diversity jurisdiction, is to recover on four promissory notes made by the defendant in the aggregate amount of $1,340,000. The plaintiff, Netherlands...

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