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McALLISTER BROS. v. A & S TRANSP. CO.

Nos. 711, 799, Dockets 79-7785, 79-7805.

621 F.2d 519 (1980)

McALLISTER BROTHERS, INC., Petitioner-Appellee-Cross-Appellant, v. A & S TRANSPORTATION CO. and Modern Transportation Co., Respondents-Appellants, and Pollution Control Industries, Inc., and PCI International, Inc., Respondents-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 2, 1980.

Attorney(s) appearing for the Case

Emil A. Kratovil, Jr., New York City (Haight, Gardner, Poor & Havens, New York City, Bert I. Weinstein, New York City, of counsel, Saverio Mirarchi, New York City, on brief), for respondents-appellants and respondents-cross-appellees.

Michael J. McAllister, New York City (Lunney & Crocco, New York City, of counsel, James G. Nugent, New York City, on brief), for petitioner-appellee-cross-appellant.

Before FEINBERG, NEWMAN and KEARSE, Circuit Judges.

FEINBERG, Circuit Judge:

Respondents A & S Transportation Co. (A & S) and Modern Transportation Co. (Modern), two affiliated transporters of sludge, appeal from an order entered in the United States District Court for the Southern District of New York, Milton Pollack, J., that compelled them to arbitrate a contract dispute with petitioner McAllister Brothers, Inc. (McAllister), a tugboat company. McAllister cross-appeals from that portion of the order that...

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