HERING REALTY COMPANY v. GENERAL CONSTRUCTION CO.

No. 7945.

272 F.2d 371 (1959)

HERING REALTY COMPANY, a corporation, as successor to Bennettsville Realty Company, Appellant, v. GENERAL CONSTRUCTION COMPANY, COLUMBIA, SOUTH CAROLINA, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1959.


Attorney(s) appearing for the Case

Philip C. Herr, Philadelphia, Pa. (Tison & Tison, Hartsville, S. C., on the brief), for appellant.

J. Means McFadden, Columbia, S. C. (Robinson, McFadden & Dreher, Columbia, S. C., on the brief), for appellee.

Before SOPER and HAYNSWORTH, Circuit Judges, and THOMSEN, District Judge.


SOPER, Circuit Judge.

This appeal was taken from an order of the District Court which denied a motion of the defendant to stay the trial of the case pending the submission of the subject matter of the dispute to arbitration and the decision of the arbitrators.

The suit was brought by the General Construction Company against the Hering Realty Company to enforce the collection of a balance alleged to be due on a contract for the construction of a building for...

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