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SWIFT INDUSTRIES, INC. v. BOTANY INDUSTRIES, INC.

Civ. A. Nos. 69-226, 69-227.

297 F.Supp. 1056 (1969)

SWIFT INDUSTRIES, INC., Petitioner, v. BOTANY INDUSTRIES, INC., Respondent.

United States District Court W. D. Pennsylvania.

April 2, 1969.

Attorney(s) appearing for the Case

Charles Denby, Ernest R. Dell, James McConomy, of Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioner.

J. N. Poffinberger, Jr., M. C. McLean, of Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for respondent.

OPINION

WEBER, District Judge.

The two pleadings filed in this action allege a single cause of action and request the same relief. Civil Action No. 69-226 is cast in the form of a petition to compel arbitration under the United States Arbitration Act, 9 U.S.C. § 1 et seq., the other pleading, Civil Action No. 69-227, is cast in the form of a civil complaint seeking injunctive enforcement of an agreement to arbitrate.

Both are brought in this...

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