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EMERSON GARDEN ELEC. CO., INC. v. SEABOARD SUR. CO., INC.

17 N.Y.2d 466 (1965)

Emerson Garden Electric Co., Inc., et al., Respondents, v. Seaboard Surety Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Jack Hart and Mark N. Turner for appellant.

George M. Donohue for respondents.

Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Chief Judge DESMOND and Judge DYE dissent and vote to affirm upon the memorandum at the Appellate Division.

MEMORANDUM.

The order should be reversed and the complaint dismissed. The agreement dated May 16, 1962 — previously approved by the Federal court in chapter XI proceedings and by the Creditors Committee — fixes the rights and duties of the parties and, in addition, provides for arbitration in case differences of opinion arise between them. The agreement did not create a client-attorney relationship between the...

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