METRO INDUSTRIAL PAINTING CORP. v. TERMINAL CONST. CO.

No. 48, Docket 26178.

287 F.2d 382 (1961)

METRO INDUSTRIAL PAINTING CORP. and Max Gerben, Joan Gerben and Leo Gerben, doing business as Gerben Contracting Company, Petitioners-Appellees, v. TERMINAL CONSTRUCTION CO., Inc., and Frouge Construction Co., Inc., Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided February 16, 1961.


Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman, New York City (David Morgulas and Jerrold Morgulas, of Counsel), New York City, for petitioners-appellees.

Raphael, Searles, Levin & Vischi, New York City (Sidney O. Raphael and Leo M. Drachsler, New York City, of Counsel), for respondents-appellants.

Before LUMBARD, Chief Judge, and SWAN and MOORE, Circuit Judges.


LEONARD P. MOORE, Circuit Judge.

This is an appeal from an order granting petitioners-appellees' motion to compel arbitration pursuant to Section 4 of the United States, Arbitration Act, 9 U.S.C. § 4 (the Act), and denying respondents-appellants' cross-motion to stay arbitration and to dismiss the petition.

Prior to May 26, 1958, respondents Frouge Construction Co., Inc. (Frouge), a Connecticut corporation, and Terminal Construction Corp. (Terminal),...

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