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DORTON v. COLLINS & AIKMAN CORPORATION

No. 71-1129.

453 F.2d 1161 (1972)

Frank E. DORTON and J. A. Castle, Partners, d/b/a The Carpet Mart, Plaintiffs-Appellees, v. COLLINS & AIKMAN CORPORATION and Painter Carpet Mills, Inc. Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

January 6, 1972.

Attorney(s) appearing for the Case

Herbert R. Silvers, Greeneville, Tenn., for defendants-appellants; Milligan, Silvers, Coleman & Fletcher, Greeneville, Tenn., on brief.

William W. Hawkins, Kingsport, Tenn., for plaintiffs-appellees; Smoot & Hawkins, Kingsport, Tenn., of counsel.

Before CELEBREZZE, BROOKS and MILLER, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from the District Court's denial of Defendant-Appellant's motion for a stay pending arbitration, pursuant to Section 3 of the United States Arbitration Act of 1925, 9 U.S.C. § 3. The suit arose after a series of over 55 transactions during 1968, 1969, and 1970 in which Plaintiffs-Appellees [hereinafter The Carpet Mart], carpet retailers in Kingsport, Tennessee, purchased...

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