IN RE LUDWIG HONOLD MFG. CO.

Bankruptcy No. 81-04610G, Adv. No. 82-1046G.

22 B.R. 436 (1982)

In re LUDWIG HONOLD MANUFACTURING COMPANY, Debtor. Fred ZIMMERMAN, Trustee of Ludwig Honold Mfg. Co., Plaintiff, v. CONTINENTAL AIRLINES, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

August 16, 1982.


Attorney(s) appearing for the Case

Gary M. Schildhorn, Adelman & Lavine, Philadelphia, Pa., for plaintiff, Fred Zimmerman, Trustee of Ludwig Honold Mfg. Co.

Gregory M. Harvey, Morgan, Lewis & Bockius, Philadelphia, Pa., for defendant, Continental Airlines, Inc.

Fred Zimmerman, Pennsauken, N.J., trustee/plaintiff.

Nancy V. Alquist, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for Creditors' Committee.

John J. Lamb, Philadelphia, Pa., for debtor.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtor, Ludwig Honold Manufacturing Company, is compelled to proceed with arbitration in accordance with an arbitration clause in a contract between it and the defendant, Continental Airlines, Inc., when the debtor seeks to recover on a contract made between the debtor and the defendant. We conclude that arbitration is not mandatory and we will not, accordingly, grant defendant...

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