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CALVINE MILLS, INC. v. L. A. SLESINGER, INCORPORATED

No. 256, Docket 24925.

258 F.2d 228 (1958)

CALVINE MILLS, INC., a corporation of the State of New Jersey, individually and as successor in interest to Uncas Printing & Finishing Co., Inc., Smitherman Cotton Mills, Inc., Greenwich Printing & Dyeing Co., Inc., Lancashire Textile Processing Corp., Calvine Cotton Mills, Inc., and Lumber River Cotton Mills, Inc., Plaintiff-Appellee, v. L. A. SLESINGER, INCORPORATED, a corporation of the State of New York, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 14, 1958.

Attorney(s) appearing for the Case

Sydney Isadore Turtz, West New York, N. J., for and of counsel with plaintiff-appellee.

Otterbourg, Steindler, Houston & Rosen, New York City (Aaron Rosen, Frederic P. Houston and Arthur A. Greenfield, New York City, of counsel), for defendant-appellant.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Plaintiff commenced this action to recover the price of a quantity of goods allegedly sold and delivered to the defendant under a number of salesnotes. The defendant moved to stay the action on the ground that the parties had agreed to arbitrate the identical matters which were the subject of the litigation and that an arbitration proceeding initiated by the plaintiff and concerning these matters was then pending. Upon the denial of this motion...

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