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NECCHI SEWING MACHINE SALES CORP. v. NECCHI, S.p.A.

No. 33, Docket 30454.

369 F.2d 579 (1966)

NECCHI SEWING MACHINE SALES CORP., Petitioner-Appellee, v. NECCHI, S. p. A., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided December 1, 1966.

Attorney(s) appearing for the Case

George H. Schwartz, New York City (Paul E. Gelbard, Schwartz & Frank, New York City, on the brief), for petitioner-appellee.

David A. Botwinik, New York City (Murray Mogel, Fink & Pavia, New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

Once again a party to this multi-court, federal-state litigation between Necchi S.p.A. and Necchi Sewing Machines Sales Corp. (Sales) complains to us that arbitration of certain claims should be compelled. On July 15, 1965 we decided, 348 F.2d 693, cert. denied, 383 U.S. 909, 86 S.Ct. 892, 15 L.Ed.2d 664 (1966), upon the appeal of Sales, that Necchi must arbitrate items 4 and 5 in the demand of Sales of May 22...

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