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HYLTE BRUKS AKTIEBOLAG v. BABCOCK & WILCOX CO.

Nos. 488, 489, Docket 32213, 32214.

399 F.2d 289 (1968)

In the Matter of a Certain Demand for Arbitration by HYLTE BRUKS AKTIEBOLAG and Nymolla, AB, v. The BABCOCK & WILCOX COMPANY. NYMOLLA, AB, Plaintiff-Appellant, v. The BABCOCK & WILCOX COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 24, 1968.

Attorney(s) appearing for the Case

John M. Johnston, New York City (White & Case and Thomas A. Butler, New York City, on the brief), for plaintiff-appellant.

E. Roger Frisch, New York City (Walsh & Frisch and Eric M. Dreyfus, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Nymolla, AB, the plaintiff-appellant, brought suit in the Southern District of New York against the Babcock & Wilcox Company (B & W) to recover $836,000 for an alleged breach of a contract between B & W and Hylte Bruks Aktiebolag (Hylte Bruks) which the plaintiff claimed was for its benefit. B & W moved, pursuant to 9 U.S.C. §§ 3 and 6 for an order staying the suit pending arbitration. The district court found that...

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