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LUMMUS COMPANY v. COMMONWEALTH OIL REFINING CO.

Nos. 5552-5554.

273 F.2d 613 (1959)

LUMMUS COMPANY, Defendant, Appellant, v. COMMONWEALTH OIL REFINING COMPANY, Inc., Plaintiff, Appellee (three cases).

United States Court of Appeals First Circuit.

December 21, 1959.

Attorney(s) appearing for the Case

Richard Bancroft, Putnam, Bell, Santry & Ray, Boston, Mass., Cahill, Gordon, Reindel & Ohl, New York City, and McConnell, Valdes & Kelley, San Juan, P. R., for appellant on motion for stay and memorandum in support thereof.

Ruben Rodriguez-Antongiorgi, San Juan, P. R., Richard deY. Manning, Milton Pollack, John F. Dooling, Jr., Dennis C. Mahoney, Hamilton F. Potter, Jr., New York City, Fiddler, Gonzalez, Guillemard & Rodriguez, San Juan, P. R., and Sullivan & Cromwell, New York City, for appellee on memorandum in opposition to motion for stay.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

Defendant-appellant's motion to delay discovery until after the decision of its pending appeal from the order of the district court staying arbitration is properly before us. Bernhardt v. Polygraphic Co. of America, Inc., 2 Cir., 1956, 235 F.2d 209; Mesabi Iron Co. v. Reserve Mining Co., 8 Cir., 1959, 268 F.2d 782. We believe it should be granted. We do not rest this decision on the ground...

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