ALTSHUL STERN & CO. v. MITSUI BUSSAN KAISHA, LTD.

No. 60, Docket 31206.

385 F.2d 158 (1967)

ALTSHUL STERN & CO., Inc., Plaintiff-Appellee, v. MITSUI BUSSAN KAISHA, LTD. and Mitsui & Co., Ltd., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 15, 1967.


Attorney(s) appearing for the Case

Clarence Fried, New York City (Richard Wolff and Hawkins, Delafield & Wood, New York City, on the brief), for appellee.

Howard F. Ordman, New York City (Putney, Twombly, Hall & Skidmore, New York City, on the brief), for appellant.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.


HAYS, Circuit Judge:

This is an appeal from that portion of an order of the district court which denied appellant's motion under the Federal Arbitration Act, 9 U.S.C. § 3, for a stay of the trial of and all further proceedings in the second cause of action in appellee's complaint pending arbitration. We believe that the order of the district court must be modified.

Plaintiff, a New York garment wholesaler, brought an action against defendant, a Japanese...

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