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ACTON CORP. v. BORDEN, INC.

No. 81-1512.

670 F.2d 377 (1982)

ACTON CORPORATION, et al., Plaintiffs, Appellants, v. BORDEN, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 12, 1982.

Attorney(s) appearing for the Case

William A. Zucker, Boston, Mass., with whom Gerald A. Rosenthal and Gadsby & Hannah, Boston, Mass., were on brief, for plaintiffs, appellants.

John J. Curtin, Jr., Boston, Mass., with whom Joseph L. Kociubes, Philip W. Horton and Bingham, Dana & Gould, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, ALDRICH and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Appellants seek review of a Massachusetts district court order that effectively stays their action (brought to compel arbitration) while an Ohio federal district court proceeds with a related case. We find that his order is not appealable. Treating the appeal as a petition for mandamus, we hold that the district court had adequate discretionary authority to enter the challenged order.

I

The underlying dispute in this case concerns...

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