AMAZON COTTON MILLS CO. v. DUPLAN CORP.

No. 378.

96 S.E.2d 267 (1957)

245 N.C. 496

AMAZON COTTON MILLS COMPANY v. The DUPLAN CORPORATION.

Supreme Court of North Carolina.

Rehearing Dismissed April 10, 1957.


Attorney(s) appearing for the Case

Ratcliff, Vaughn, Hudson, Ferrell & Carter, by R. M. Stockton, Jr., Winston-Salem, for defendant, appellant.

James L. Rankin, Chester, Pa., E. T. Bost, Jr., Concord, W. H. Beckerdite, Kannapolis, Walser & Brinkley, Lexington, by Don A. Walser, Lexington, for plaintiff, appellee.


HIGGINS, Justice.

The questions involved in this appeal are altogether procedural. As stated in its brief, "the plaintiff institutes this action in the Superior Court of Davidson County, North Carolina, primarily to restrain the defendant from proceeding with arbitration in New York; and secondarily for the purpose of having all matters pertaining to the controversy decided by the duly constituted courts of North Carolina."

The parties entered into five written...

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