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DYNALECTRIC CO. v. WESTINGHOUSE ELEC. CORP.

Civ. A. No. 92-1687.

803 F.Supp. 985 (1992)

DYNALECTRIC COMPANY, Plaintiff, v. WESTINGHOUSE ELECTRIC CORPORATION and Davy McKee Corporation, Defendants.

United States District Court, D. New Jersey.

September 11, 1992.

Attorney(s) appearing for the Case

Jeffrey R. Cruz, Postner & Rubin, New York City, David G. Lane, Venable, Baetjer and Howard, McLean, Va., for Dynalectric Co.

Brian J. McMahon, Crummy, Del Deo, Dolan, Griffinger & Vecchone, Newark, N.J., for Westinghouse.

Robert D. Thompson, Pennington & Thompson, Cherry Hill, N.J., for Davy McKee Corp.

OPINION

HAROLD A. ACKERMAN, District Judge.

This matter comes before the court upon a motion by defendants to dismiss the complaint, or in the alternative, to stay the case pending arbitration. For the following reasons, I deny defendants' motion to dismiss but grant their motion to stay.

I. Motion to dismiss

Under Federal Rule of Civil Procedure 12(b)(6), "the court must accept as true all factual allegations in the complaint and...

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