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TEPPER REALTY COMPANY v. MOSAIC TILE COMPANY

No. 66 Civ. 2072.

259 F.Supp. 688 (1966)

TEPPER REALTY COMPANY and Tepper's Plainfield, Inc., Plaintiffs, v. MOSAIC TILE COMPANY, Mosaic Building Products, Inc., and F. H. Sparks Co., Inc., Defendants.

United States District Court S. D. New York.

September 20, 1966.

Attorney(s) appearing for the Case

Spitzer & Feldman, New York City, for plaintiffs (Philip Feldman, Allan D. Goodridge and Christopher J. Taylor, New York City, of counsel).

Nixon, Mudge, Rose, Guthrie & Alexander, New York City, for defendants Mosaic Tile Co. and Mosiac Building Products, Inc. (Robert R. Thornton, New York City, of counsel).

Epstein & Conway, New York City, for defendant F. H. Sparks Co., Inc.

OPINION

MacMAHON, District Judge.

Defendants Mosaic Tile Company (Mosaic) and Mosaic Building Products, Inc. (Building Products), by separate applications, move pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3, for orders staying trial of this action pending arbitration.

The complaint asserts two "causes of action," the first for breach of two written contracts and breach of warranty, and the second, alternatively, for negligence...

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