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SCHULMAN INV. CO. v. OLIN CORP.

No. 78 Civ. 176 (CHT).

458 F.Supp. 186 (1978)

SCHULMAN INVESTMENT COMPANY, Plaintiff, v. OLIN CORPORATION, Defendant and Third-Party Plaintiff, v. HABER & HENRY, INC., Tremco, Inc., and Brisk Waterproofing Company, Inc., Third-Party Defendants.

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

October 17, 1978.

Attorney(s) appearing for the Case

Willkie Farr & Gallagher, New York City, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for Olin Corp.; Howard C. Buschman III, New York City, Judah I. Labovitz, Philadelphia, Pa., of counsel.

William Jarblum, New York City, for Haber & Henry, Inc.

David & Finell, New York City, for Tremco, Inc.; Jack David, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

In this action, third-party defendant Haber & Henry, Inc. ("H & H") moves pursuant to the Federal Arbitration Act, 9 U.S.C. § 3 ("the Act"), for a stay of proceedings against it pending arbitration. In the original diversity suit, Schulman Investment Company ("Schulman"), a New York partnership, sued Olin Corporation ("Olin"), a foreign corporation authorized to do business

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