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BERNHARDT v. POLYGRAPHIC COMPANY OF AMERICA

No. 114, Docket 23196.

218 F.2d 948 (1955)

Norman C. BERNHARDT, Appellee, v. POLYGRAPHIC COMPANY OF AMERICA, Inc., Appellant.

United States Court of Appeals, Second Circuit.

Decided January 19, 1955.

Attorney(s) appearing for the Case

McNamara & Larrow, Guy M. Page, Guy M. Page, Jr., and Joseph A. McNamara, Burlington, Vt., for appellant.

Manfred W. Ehrich, Jr., New York City, and Eugene V. Clark, Bennington, Vt., for appellee.

Before SWAN, FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. We think that a stay, pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3, is not "substantive" within the meaning of Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, and Guaranty Trust Company of New York v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079. We so held, per Judge Learned Hand, in Murray Oil Products Company v. Mitsui &...

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