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BEAR v. HAYDEN, STONE, INCORPORATED

No. 74-1898.

526 F.2d 734 (1975)

Horace M. BEAR, Plaintiff-Appellee, v. HAYDEN, STONE, INCORPORATED, a Delaware Corporation and HS Equities, Inc., a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

October 29, 1975.

Attorney(s) appearing for the Case

Walter S. Weiss, Long & Levit, Los Angeles, Cal., for defendants-appellants.

Barry M. Rudman, Stephen A. Malley and Douglas Neistat, Beverly Hills, Cal., for plaintiff-appellee.

Before CHOY and GOODWIN, Circuit Judges, and EAST, District Judge.

OPINION

PER CURIAM:

Hayden, Stone, Inc. appeals from a denial of its motion for a stay of a damage action pending the arbitration of the dispute.

This court has jurisdiction of the appeal under 28 U.S.C. § 1292(a)(1) because Bear's complaint "sounds in contract", an action at law, and is confronted by an equitable defense, thereby meeting the Enelow-Ettelson1 test...

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