COOK INDUSTRIES, INC. v. C. ITOH & CO. (AMERICA) INC.

No. 828, Docket 35790.

449 F.2d 106 (1971)

In the Matter of an Arbitration between COOK INDUSTRIES, INC., as assignee of Rag. Luigi Gandini Voghera, Petitioner-Appellant, and C. ITOH & CO. (AMERICA) INC., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 16, 1971.


Attorney(s) appearing for the Case

Francis J. O'Brien, New York City (Zock, Petrie, Sheneman & Reid, New York City, on the brief), for petitioner-appellant.

David A. Botwinik, New York City (Pavia & Harcourt, New York City, on the brief), for respondent-appellee.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.


HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York which denied appellant's motion, made under 9 U.S.C. § 10(b) (1964), to vacate an arbitration award because of the alleged partiality of one of the arbitrators. We affirm.

Appellant is the assignee of Rag. Luigi Gandini Voghera, an Italian firm, which contracted to sell corn to the appellee. A dispute arose with respect to the...

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