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CORNELL & COMPANY v. BARBER & ROSS COMPANY

No. 19660.

360 F.2d 512 (1966)

CORNELL & COMPANY, Inc., a Corporation, Appellant, v. BARBER & ROSS COMPANY, a Corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 14, 1966.

Attorney(s) appearing for the Case

Mr. Daniel L. O'Connor, Washington, D. C., for appellant.

Mr. Harvey H. Holland, Jr., Washington, D. C., with whom Mr. Albert L. Ledgard, Jr., Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and BURGER, Circuit Judge.

PER CURIAM:

We review the District Court's denial of appellant's motion under 9 U.S.C. § 31 for a stay of appellee's breach of contract action. The action was clearly referable to arbitration under an agreement incorporated by reference into the contract between the parties. The only issue is whether the District Court erred in holding appellant "in default in proceeding with such arbitration." 9 U.S.C. § 3. We think not.

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