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MILTON SCHWARTZ & ASSOC., ARCHITECTS v. MAGNESS CORP.

Civ. A. No. 4701.

368 F.Supp. 749 (1974)

MILTON SCHWARTZ & ASSOCIATES, ARCHITECTS, a partnership composed of Milton Schwartz, et al., Plaintiffs, v. The MAGNESS CORPORATION, a corporation of the State of Delaware, Defendant.

United States District Court, D. Delaware.

January 4, 1974.

Attorney(s) appearing for the Case

James F. Davis, of Biondi & Babiarz, Wilmington, Del., for plaintiffs.

Morton Richard Kimmel, of Kimmel & Spiller, Wilmington, Del., for defendant.

OPINION

STAPLETON, District Judge:

This is a diversity action for breach of contract. Plaintiffs are a partnership, Milton Schwartz and Associates, Architects, whose offices are located in Philadelphia. Defendant is The Magness Corporation, a land developer incorporated in Delaware. Defendant has moved for dismissal under F.R.Civ.P. 12(b), arguing that, under the contract between the parties, the plaintiffs' claim must be remitted to arbitration.

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