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GUINNESS-HARP CORP. v. JOS. SCHLITZ BREWING

No. 317, Docket 79-7572.

613 F.2d 468 (1980)

The GUINNESS-HARP CORPORATION, Plaintiff-Appellee, v. JOS. SCHLITZ BREWING COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 21, 1980.

Attorney(s) appearing for the Case

Edward Wolfe, New York City (Haliburton Fales, 2d, James P. Laughlin, James H. Schnare, II, White & Case, New York City, on brief), for defendant-appellant.

Robert L. Haig, New York City (Eugene T. D'Ablemont, Christopher M. Nolland, Kelley, Drye & Warren, New York City, on brief), for plaintiff-appellee.

Before FRIENDLY, OAKES and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This is an appeal from the granting of an injunction to preserve the status quo of a beer distributorship pending arbitration of the brewer's right to terminate its agreement with its distributor. The principal issues are whether the agreement provides for maintenance of the status quo during the arbitration and whether the availability of that relief is to be determined by the court or by the arbitrator...

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