SUPAK & SONS MFG. CO. INC. v. PERVEL INDUSTRIES, INC.

No. 78-1329.

593 F.2d 135 (1979)

SUPAK & SONS MANUFACTURING COMPANY, INC., Appellee, v. PERVEL INDUSTRIES, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1979.


Attorney(s) appearing for the Case

George E. Goldberg, New York City (Kreindler, Relkin & Goldberg, New York City, on brief), for appellant.

L. P. Hornthal, Jr., Elizabeth City, N. C. (LeRoy, Wells, Shaw, Hornthal, Riley & Shearin, P. A., Elizabeth City, N. C., on brief), for appellee.

Before WINTER, BUTZNER and HALL, Circuit Judges.


WINTER, Circuit Judge:

In this diversity contract action by Supak & Sons Manufacturing Company (Supak) against Pervel Industries, Inc. (Pervel), Pervel appeals from the district court's refusal to stay proceedings pending arbitration of the underlying dispute. We think the district court correct in its conclusion that the parties did not agree under applicable law to submit their dispute to arbitration, and we therefore...

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