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MTR. OF WACHUSETT MILLS (BLUE BIRD SILK)

7 A.D.2d 382 (1959)

In the Matter of the Arbitration between Wachusett Spinning Mills, Inc., et al., Appellants, and Blue Bird Silk Manufacturing Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 1959.

Attorney(s) appearing for the Case

Donald L. Kreindler of counsel (Edwin M. Otterbourg, Aaron Rosen, Melvin Liebowitz with him on the brief; Otterbourg, Steindler, Houston & Rosen, attorneys), for Wachusett Spinning Mills and another, appellants.

Seymour H. Kligler of counsel (Michael L. Goldstein with him on the brief; Herman Goldman, attorney), for respondent.

M. M. FRANK and McNALLY, JJ., concur with RABIN, J. P.; VALENTE, J., dissents in opinion.

RABIN, J.

After oral negotiations, respondent Blue Bird Silk Manufacturing Co., Inc., forwarded to petitioners four purchase orders calling for the spinning of certain woolen yarns. Each order contained an arbitration clause. While these orders were in course acknowledged, petitioner Wachusett Spinning Mills, Inc., thereafter forwarded to Blue Bird, for each order, a document entitled "Confirmation of Accepted...

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