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

Nos. 71-1420, 71-1421.

466 F.2d 1125 (1972)

SWIFT INDUSTRIES, INC., Appellant in No. 71-1420, v. BOTANY INDUSTRIES, INC., Appellant in No. 71-1421.

United States Court of Appeals, Third Circuit.

Decided August 14, 1972.

Attorney(s) appearing for the Case

Ernest R. Dell, Reed, Smith, Shaw & McClay, James H. McConomy, William S. Lerach, Pittsburgh, Pa., for Swift Industries, Inc.

Judd N. Poffinberger, Jr., Kirkpatrick, Lockhart, Johnson & Hutchinson, Michael C. McLean, Pittsburgh, Pa., Weil, Gotshal & Manges, New York City, for Botany Industries, Inc.

Before ADAMS and GIBBONS, Circuit Judges, and BECKER, District Judge.

OPINION OF THE COURT

EDWARD R. BECKER, District Judge.

I

This is a commercial arbitration case. It comes before us on cross appeals from the judgment of the District Court for the Western District of Pennsylvania1 confirming in part and vacating in part the Award of an arbitrator in a dispute concerning the contractual obligations of Botany Industries, Inc. ("Botany")2 to Swift Industries...

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