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HETHERINGTON & BERNER, INC. v. MELVIN PINE & CO.

Nos. 300, 301, Dockets 24803, 24804.

256 F.2d 103 (1958)

HETHERINGTON & BERNER, Inc., Plaintiff-Appellee, v. MELVIN PINE & CO., Inc., Defendant-Appellant. HETHERINGTON & BERNER, Inc., Plaintiff-Appellee, v. Melvin PINE, Melvin Pine & Co., Inc., and Distributors Forwarding Service Corp., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 20, 1958.

Attorney(s) appearing for the Case

Leo Brown, New York City (Clarence Fried and Henry Pine, New York City, on the brief), for defendants-appellants.

Robert M. Morgenthau, New York City (L. Harrison Thayer II and Patterson, Belknap & Webb, New York City, and Baker & Daniels, Indianapolis, Ind., on the brief), for plaintiff-appellee.

Before LUMBARD, WATERMAN and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

The two principal questions are, first, whether the District Court had jurisdiction to confirm an award of arbitration in favor of plaintiff where parties of diverse citizenship agreed to arbitration to be governed by the laws of New York and later agreed to arbitrate in New York after plaintiff had brought suit in the federal court; and second, whether the award, in referring to commissions on sales not yet made and an obligation to relieve...

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