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MILLER v. AAACON AUTO TRANSPORT, INC.

No. 76-2603 Summary Calendar.

545 F.2d 1019 (1977)

Judith A. MILLER, Plaintiff-Appellee, v. AAACON AUTO TRANSPORT, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 1977.

Attorney(s) appearing for the Case

Barry R. Shapiro, Fort Lauderdale, Fla., Ralph J. Zola, Michael G. Ames, New York City, for defendant-appellant.

Harry G. Carratt, Fort Lauderdale, Fla., for plaintiff-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

PER CURIAM:

Defendant seeks review of the district court's order of April 13, 1976, vacating a prior stay entered pursuant to 9 U.S.C.A. § 3.1 Defendant contends that the district court, once having entered a stay pending arbitration, was without authority to vacate the stay sua sponte. Defendant further argues that even if it had such authority, the court abused its discretion.

The district court's order granting the...

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