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NOVIK & CO., INC. v. JERRY MANN, INC.

No. 80-Civ. 4268.

497 F.Supp. 447 (1980)

In the Matter of the Arbitration between NOVIK & CO., INC., Petitioner, v. JERRY MANN, INC., and Lucky Girl of California, Inc., Respondents.

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

September 12, 1980.

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler, New York City, by Martin I. Samuels, New York City, for petitioner.

Berlack, Israels & Liberman, New York City, by Rosalind F. Kaufman, New York City, for respondents.

SOFAER, District Judge:

Petitioner Novik & Co., Inc. ("Novik") seeks to enforce an alleged agreement by respondent Jerry Mann, Inc. ("Mann") to arbitrate a dispute, and to enjoin the prosecution by Mann and Lucky Girl of California, Inc. (Mann's wholly owned subsidiary), of suits commenced by them in California state courts.

Diversity of citizenship is present, and despite defendants' strenuous arguments, it is clear that a valid agreement to arbitrate...

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