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RIKO ENTERPRISES, INC. v. SEATTLE SUPERSONICS CORP.

No. 73 Civ. 1288.

357 F.Supp. 521 (1973)

RIKO ENTERPRISES, INC. d/b/a Philadelphia 76ers, Petitioner, v. SEATTLE SUPERSONICS CORPORATION, Respondent.

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

April 12, 1973.

Attorney(s) appearing for the Case

Sherman & Citron, New York City (Cecil A. Citron, New York City, of counsel), for petitioner.

Monheimer, Schermer, Van Fredenberg & Smith, Seattle, Wash. (Melville Monheimer, Jr., Stephen P. Ryder, Seattle, Wash., of counsel), and Mudge, Rose, Guthrie, Alexander & Mitchell, New York City (William B. Lawless, Donald J. Zoeller, John B. Sherman, New York City, of counsel), for respondent.

OPINION

TENNEY, District Judge.

Petitioner Riko Enterprises, Inc. (hereinafter "Philadelphia") has moved this Court for an order confirming an arbitration award pursuant to 9 U.S.C. § 9 (1970). Respondent Seattle Supersonics Corporation (hereinafter "Seattle") has cross-moved to dismiss petitioner's application. For the reasons set out below, petitioner's application is dismissed and respondent's motion to vacate is granted.

FACTS

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