DUPLAN CORP., ETC. v. W. B. DAVIS HOSIERY MILLS

No. 76 Civ. 3887.

442 F.Supp. 86 (1977)

In the Matter of arbitration between The DUPLAN CORPORATION (DUPLAN YARN DIVISION), Petitioner, v. W. B. DAVIS HOSIERY MILLS, INC., Respondent.

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

December 28, 1977.


Attorney(s) appearing for the Case

Philip I. N. Alperdt, New York City, for petitioner.

Lefrak, Fischer, Myerson & Mandell, New York City, for respondent; Richard Lipsman, New York City, of counsel.


LASKER, District Judge.

Duplan Corporation, petitioner, moves pursuant to 9 U.S.C. §§ 2 and 9 to confirm a commercial arbitration award made in its favor against respondent, Davis Hosiery Mills. Respondent cross moves to dismiss the petition for lack of subject matter jurisdiction. Petitioner's motion is denied; respondent's is granted.

This controversy arises out of a series of six contracts for the purchase of yarn entered into between the parties...

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