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PRIMA PAINT v. FLOOD & CONKLIN

No. 343.

388 U.S. 395 (1967)

PRIMA PAINT CORP. v. FLOOD & CONKLIN MFG. CO.

Supreme Court of United States.

Decided June 12, 1967.

Attorney(s) appearing for the Case

Robert P. Herzog argued the cause and filed briefs for petitioner.

Martin A. Coleman argued the cause for respondent. With him on the brief was David N. Brainin.

Gerald Aksen argued the cause for the American Arbitration Association, as amicus curiae. With him on the brief were Whitney North Seymour, Sol N. Corbin, Osmond K. Fraenkel, William J. Isaacson and H. H. Nordlinger.

MR. JUSTICE FORTAS delivered the opinion of the Court.

This case presents the question whether the federal court or an arbitrator is to resolve a claim of "fraud in the inducement," under a contract governed by the United States Arbitration Act of 1925,1 where there is no evidence that the contracting parties intended to withhold that issue from arbitration.

The question arises from the...

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