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PORT ERIE PLASTICS, INC. v. UPTOWN NAILS, LLC

Civil Action No. 03-370 Erie.

350 F.Supp.2d 659 (2004)

PORT ERIE PLASTICS, INC., Plaintiff, v. UPTOWN NAILS, LLC, Larry G. Kapfer, Jr., Jim Gleeson, Frank Bruno, and American Arbitration Association, Defendants.

United States District Court, W.D. Pennsylvania.

November 18, 2004.

Attorney(s) appearing for the Case

William J. Kelly, Jr., Erie, PA, for Plaintiff.

Thomas V. Incantalupo, Esq., Mitchell & Incantalupo, Forest Hills, NY, John W. McCandless, Esq., Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., Erie, PA, for Defendants.

MEMORANDUM OPINION

MCLAUGHLIN, District Judge.

This action presents a question concerning the arbitrability vel non of a dispute arising out of the operation of Uptown Nails, LLC, a New York limited liability company (the "Company"). Perceiving that the Plaintiff had breached contractual obligations and engaged in tortious conduct, Defendants filed a demand for arbitration with the American Arbitration Association pursuant to an arbitration...

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