LANE, LTD. v. LARUS & BROTHER COMPANY

No. 254, Docket 24366.

243 F.2d 364 (1957)

LANE, Ltd., Plaintiff-Appellee, v. LARUS & BROTHER COMPANY, Incorporated, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1957.


Attorney(s) appearing for the Case

DeWitt, Nast & Diskin, New York City (Macdonald DeWitt, C. Coudert Nast, New York City, M. Wallace Moncure, Jr., Richmond, Va., and Thomas A. Diskin, New York City, of counsel, on the brief), for defendant-appellant.

Nathan A. Markowitz, New York City, for plaintiff-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.


LUMBARD, Circuit Judge.

The issue before us is whether the defendant's responses to the plaintiff's demands for arbitration constituted such a repudiation of the defendant's obligation as to amount to a "default in proceeding with * * * arbitration." We hold that there was such a repudiation and affirm the district court on all issues.

Lane, Ltd., a New York corporation, had developed certain processes for the manufacture of low nicotine content tobacco and...

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