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COASTAL INDUSTRIES v. AUTOMATIC STEAM PRODUCTS

No. 80-7728.

654 F.2d 375 (1981)

COASTAL INDUSTRIES, INC., a corporation, Plaintiff-Appellant, Cross-Appellee, v. AUTOMATIC STEAM PRODUCTS CORP., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

August 28, 1981.

Attorney(s) appearing for the Case

Sikes, Kelly, Edwards & Bryant, P. C., John W. Kelly, III, Selma, Ala., for plaintiff-appellant, cross-appellee.

Michael J. Klosk, New York City, Joseph W. McDowell, Selma, Ala., for defendant-appellee, cross-appellant.

Before HILL, FAY and HENDERSON, Circuit Judges.

HENDERSON, Circuit Judge:

The sole issue in this appeal is whether an arbitration clause is part of the contract of sale of four commercial pressing machines from Automatic Steam Products Corporation (hereinafter referred to as "Automatic"), a New York corporation, to Coastal Industries, Inc. (hereinafter referred to as "Coastal"), an Alabama corporation. Immediately after delivery, the machines proved unsuitable for the pressing needs for which they were purchased...

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