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COMMONWEALTH COATINGS CORP. v. CONTINENTAL CASUALTY CO.

No. 6857.

382 F.2d 1010 (1967)

COMMONWEALTH COATINGS CORPORATION, Plaintiff, Appellant, v. CONTINENTAL CASUALTY COMPANY et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

September 27, 1967.

Attorney(s) appearing for the Case

Emanuel Harris, New York City, with whom Carlos A. Romero Barcelo, San Juan, P. R., Max E. Greenberg, New York City, and Segurola, Romero & Toledo, San Juan, P. R., were on the brief, for appellant.

Overton A. Currie, Atlanta, Ga., with whom Federico Ramirez-Ros, Santurce, P. R., Edward H. Wasson, Jr., Atlanta, Ga., Ramirez, Segal & Latimer, Santurce, P. R., and Smith, Currie & Hancock, Atlanta, Ga., were on the brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

This is an appeal by the losing party to an arbitration award in which he invokes the provisions of 9 U.S.C. § 10 (1964). The sole ground of the appeal is the failure of one Capacete, the impartial arbitrator selected by the other two, and of appellee Samford, the successful party, to disclose the past relationship between Capacete and Samford. Briefly, this relationship was as follows. Capacete was a majority owner of Foundation Engineering Company...

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