UNIROYAL, INC. v. A. EPSTEIN AND SONS, INC.

No. 17794.

428 F.2d 523 (1970)

UNIROYAL, INC., Petitioner, v. A. EPSTEIN AND SONS, INC., Respondent-Appellant, George A. Fuller & Company, Inc., Additional Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 14, 1970.


Attorney(s) appearing for the Case

James E. Hastings, Jerrold E. Salzman, Lee A. Freeman, Joseph P. Antonow, Arnold Weinberg, for A. Epstein & Sons, Inc., Chicago, Ill.

John G. Langhenry, Jr., D. Kendall Griffith, John M. Moelmann, Chicago, Ill., for George A. Fuller and Company Inc.

Before CASTLE, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.


KERNER, Circuit Judge.

The sole issue involved in this appeal is whether a contract between the general contractor, A. Epstein and Sons, Inc., (appellant-Epstein) and the subcontractor, George A. Fuller and Company, Inc., (appellee-Fuller) required the subcontractor to participate in an arbitration proceeding between the owner, Uniroyal, Inc., (Uniroyal) and the contractor to arbitrate the owner's claim for damages arising out of an alleged failure of performance...

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