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PRIMA PAINT CORPORATION v. FLOOD & CONKLIN MFG. CO.

Docket 30365.

360 F.2d 315 (1966)

PRIMA PAINT CORPORATION, Plaintiff-Appellant, v. FLOOD & CONKLIN MFG. CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 12, 1966.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for plaintiff-appellant.

Wachtel & Michaelson, New York City (David N. Brainin, Martin A. Coleman, New York City, of counsel), for defendant-appellee.

Before WATERMAN, MOORE and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

The district court ordered appellant and appellee to proceed with arbitration of their disputes and differences in accord with an agreement they had entered into providing for settlement by arbitration of "Any controversy or claim arising out of or relating to this Agreement, or the breach thereof."

Appellant timely filed a notice of appeal and appellee has moved to dismiss the appeal as frivolous. After a full examination of the moving...

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