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AMALGAMATED GROWTH INDUSTRIES v. BORCOA, INC.

139 F.Supp. 17 (1956)

AMALGAMATED GROWTH INDUSTRIES, Inc., Plaintiff, v. BORCOA, Incorporated, a New York corporation, Defendant, and Joseph J. Casey, Defendant.

United States District Court S. D. New York.

March 9, 1956.

Attorney(s) appearing for the Case

Mitchell & Bechert, New York City, for plaintiff.

Henry P. Molloy, Jr., New York City, for defendants.

SUGARMAN, District Judge.

In an action based on diversity jurisdiction,1 the plaintiff Amalgamated Growth Industries, Inc., sues the defendants Borcoa, Incorporated and Joseph J. Casey for equitable relief from the latter's alleged breach of two contracts.

Plaintiff moves (Motion No. 39) for an order restraining the defendants from proceeding with arbitration of the dispute between the parties pending disposition of the action...

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