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CAVICCHI v. MOHAWK MFG. CO.

34 F.Supp. 852 (1940)

CAVICCHI v. MOHAWK MFG. CO., Inc.

District Court, S. D. New York.

June 24, 1940.

Attorney(s) appearing for the Case

Mann & Burrows, of New York City (William D. Burrows, of New York City, of counsel), for plaintiff.

Dyke & Schaines, of New York City, (W. R. Liberman, of New York City, of counsel), for defendant.

GODDARD, District Judge.

Defendant has moved pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for a summary judgment in its favor. There is no dispute as to the facts upon which the motion is made. The questions are — whether or not an arbitration award between the parties to this suit is res adjudicata or is an estoppel, which bars this suit by the plaintiff.

The action is brought for a declaratory...

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