No. 78 CIV 4866 (LBS).

462 F.Supp. 694 (1978)

E. C. ERNST, INC., Petitioner, v. POTLATCH CORPORATION, Respondent.

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

December 1, 1978.

Attorney(s) appearing for the Case

Friedman & Gass, P.C., Arthur S. Friedman, New York City, Smith, Currie & Hancock, Glower W. Jones, Atlanta, Ga., of counsel, for petitioner.

Sacks, Montgomery, Pastore & Levine, David E. Montgomery and Stuart M. Levine, New York City, of counsel, for respondent.


SAND, District Judge.

In this case of first impression, the Court is called upon to decide, among other issues, a question raised but unanswered by the Seventh Circuit, i. e., whether ... "[t]he Federal Arbitration Act denied federal courts the discretionary power to decline to exercise jurisdiction because of a pending state proceeding." Bio-Analytical Services, Inc. v. Edgewater Hospital, Inc., 565 F.2d 450

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