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DIEMATIC MFG. CORP. v. PACKAGING INDUSTRIES, INC.

No. 728, Docket 74-2452.

516 F.2d 975 (1975)

DIEMATIC MANUFACTURING CORP., Plaintiff-Appellee, v. PACKAGING INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 23, 1975.

Attorney(s) appearing for the Case

Eliot S. Gerber, New York City (Wyatt, Gerber & Shoup, Guy W. Shoup, New York City, of counsel), for plaintiff-appellee.

Gerard A. Dupuis, New York City (Miller & Summit, Stuart A. Summit, Ruth Balen, New York City, of counsel), for defendant-appellant.

Before LUMBARD, HAYS and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal by Packaging Industries, Inc. (Packaging) from an order of Hon. Lloyd F. MacMahon, United States District Judge for the Southern District of New York, which granted the application of Diematic Manufacturing Corp. (Diematic) to stay arbitration proceedings and denied Packaging's cross-motion for a stay of the federal action pending arbitration.

In 1965, Packaging commenced an action against Diematic in the court below...

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