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APPLICATION OF CONTICOMMODITY SERVICES v. PHILIPP & LION

No. 554, Docket 79-7655.

613 F.2d 1222 (1980)

Application of CONTICOMMODITY SERVICES INC., Petitioner-Appellee, for an Order restraining arbitration attempted to be had by PHILIPP & LION, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 15, 1980.

Attorney(s) appearing for the Case

Alexander R. Sussman, New York City (Fried, Frank, Harris, Shriver & Jacobson, New York City, of counsel and assisted by Jonathan S. Margolis, New York City (not yet admitted to the Bar)), for respondent-appellant.

Thomas A. Dubbs, New York City (Chadbourne, Parke, Whiteside & Wolff, New York City, Daniel J. O'Neill, Steven S. Weiss, New York City, of counsel), for petitioner-appellee.

Before SMITH, FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

The issue in this case is whether a court or an arbitrator should decide the timeliness of a demand for arbitration. Philipp & Lion (Philipp), the party seeking arbitration, appeals from an order of the United States District Court for the Southern District of New York, Kevin T. Duffy, J., that granted the petition of appellee Conticommodity Services Inc. (Conti) to stay Philipp's demand for arbitration and denied Philipp's cross-motion...

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