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PMC, INC. v. ATOMERGIC CHEMETALS CORP.

No. 93 Civ. 2881 (LBS).

844 F.Supp. 177 (1994)

PMC, INC., Plaintiff, v. ATOMERGIC CHEMETALS CORPORATION, Defendant.

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

February 23, 1994.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, New York City (Frank H. Penski, Robert C. Sentner and Matthew Tracy, of counsel), for plaintiff.

Wolfe & Yukelson, Port Washington, NY (Bruce Yukelson, of counsel), for defendant.

OPINION

SAND, District Judge.

This case concerns the arbitrability of a dispute arising out of an aborted 1989 chemicals sale. In December of 1989, plaintiff PMC, Inc. ("PMC") executed a "blanket purchase order" for approximately $15 million worth of chemicals from defendant Atomergic Chemetals Corporation ("Atomergic"). The following month, a PMC representative signed a "confirmation of sale" form which contained a clause obliging the parties to submit...

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