Opinion
No. 472, Docket 31698.
Argued May 2, 1968.
Decided May 2, 1968.
Plaintiff-appellee brought its action in the United States District Court for the Southern District of New York, for a declaratory judgment permanently staying an arbitration which had been demanded against it by defendant-appellant. Plaintiff and defendant cross-moved for summary judgment. Plaintiff-appellee's motion to restrain permanently an arbitration proceeding was granted and defendant-appellant's motion to dismiss the action was denied. Defendant-appellant appeals.
Emanuel Dannett, New York City, Fred E. Fuller, Richard S. Baker, Toledo, Ohio, Jacob Silverman, New York City, Fuller, Seney, Henry Hodge, Toledo, Ohio, McGoldrick, Dannett, Horowitz Golub, New York City, for plaintiff-appellee.
Eugene G. Eisner, New York City, for defendant-appellant.
Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.
We affirm in open court the judgment below upon the opinion of Judge McLean, reported at 276 F. Supp. 740 (S.D.N.Y. 1967).