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SCHWARTZ v. LEIBEL

Docket No. 30010.

249 Cal.App.2d 761 (1967)

57 Cal. Rptr. 831

HERBERT SCHWARTZ, Plaintiff and Respondent, v. SOLOMON LEIBEL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

March 28, 1967.

Attorney(s) appearing for the Case

Charles L. Lippitt for Defendant and Appellant.

Ronald L. Scheinman and Jacob Paull for Plaintiff and Respondent.

COBEY, J.

This is an appeal from a judgment entered in confirmation of an arbitrator's award of $13,226.03 (aside from costs) against appellant and in favor of respondent.

The sole basis for this appeal is that the arbitrator had no jurisdiction to make the award because respondent, who initiated the arbitration proceedings, had, prior to doing so, waived his contractual rights to such arbitration by first bringing

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