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MATTER OF FERRARA S. p. A.

Nos. 77 Civ. 3549 (MEF) and 77 Civ. 3550 (MEF).

441 F.Supp. 778 (1977)

In the Matter of FERRARA S. p. A., Petitioner, for a judgment staying the arbitration commenced by UNITED GRAIN GROWERS, LTD., Respondent. In the Matter of FRATELLI MORETTI CEREALI, S. p. A., Petitioner, for a judgment staying the arbitration commenced by UNITED GRAIN GROWERS, LTD., Respondent.

United States District Court, S. D. New York.

December 2, 1977.

Attorney(s) appearing for the Case

Hamburger, Weinschenk, Molnar & Busch, New York City, for petitioners; Benjamin Busch, New York City, of counsel.

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for respondent United Grain Growers, Ltd.; Robert J. Ryniker, New York City, of counsel.

OPINION

FRANKEL, District Judge.

There are before the court competing applications to stay or to compel arbitration of disputes arising from two contracts for the sale of wheat by United Grain Growers, Ltd. ("UGG"), a Canadian corporation, to Fratelli Moretti Cereali, S. p. A. ("Moretti"), and Ferrara S. p. A. ("Ferrara"), both of Italy. Arbitration will be ordered.

I.

The agreements between the parties provided for the sale of 20,000 tons...

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