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A/S CUSTODIA v. LESSIN INTERNATIONAL, INC.

No. 1033, Docket 74-1149.

503 F.2d 318 (1974)

A/S CUSTODIA, Petitioner-Appellant, v. LESSIN INTERNATIONAL, INC., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 10, 1974.

Attorney(s) appearing for the Case

John J. Reilly, New York City (Donald J. Kennedy and Haight, Gardner, Poor & Havens, New York City, on the brief), for petitioner-appellant.

Hervey C. Allen, New York City (Burlingham Underwood & Lord, New York City, on the brief), for respondent-appellee.

Before SMITH and TIMBERS, Circuit Judges, and TYLER, District Judge.

PER CURIAM:

For the second time in as many years we have before us the propriety of a district court's determination—on affidavits rather than after an evidentiary hearing—of disputed issues of fact with respect to the making of an arbitration agreement. See Interocean Shipping Co. v. National Shipping and Trading Corp., 462 F.2d 673 (2 Cir. 1972). As in Interocean, we reverse and remand for an evidentiary hearing...

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