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POWER REPLACEMENTS, INC. v. AIR PREHEATER CO.

No. 23312.

426 F.2d 980 (1970)

POWER REPLACEMENTS, INC., and Max Wheeler, Plaintiffs-Appellants, v. AIR PREHEATER CO., Inc. and Combustion Engineering, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 6, 1970.

Attorney(s) appearing for the Case

O. R. Rouse (argued), of Rouse & Hamilton, Palos Verdes Estates, Cal., for appellants.

Charles C. Parlin, Jr. (argued), of Latham & Watkins, Los Angeles, Cal., Richard H. Troy, of Shearman & Sterling, New York City, for appellees.

Before ELY and CARTER, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

This is an appeal from an order denying motions of plaintiffs-appellants for a preliminary injunction and abatement of arbitration proceedings and granting a motion of defendants-appellees for a stay pending completion of the arbitration proceedings. Two questions are presented: (1) whether the order is appealable under 28 U.S.C. § 1292(a) (1); and (2) whether an agreement to arbitrate claims arising out of violations of the antitrust...

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