PILKINGTON BROS. P.L.C. v. AFG INDUSTRIES INC.

Civ. A. No. 83-561 MMS.

581 F.Supp. 1039 (1984)

PILKINGTON BROTHERS P.L.C., Plaintiff, v. AFG INDUSTRIES INC., Defendant.

United States District Court, D. Delaware.

February 28, 1984.


Attorney(s) appearing for the Case

Charles F. Richards, Jr., Richards, Layton & Finger, Wilmington, Del., for plaintiff; Joel M. Freed, and Joseph R. Magnone, Burns, Doane, Swecker & Mathis, Alexandria, Va., of counsel.

Stephen P. Lamb, Skadden, Arps, Slate, Meagher & Flom, Wilmington, Del., for defendants; John C. Dods, James T. Newsom, and Peter E. Strand, Shook, Hardy & Bacon, Kansas City, Mo., of counsel.


OPINION

MURRAY M. SCHWARTZ, District Judge.

This is an action for declaratory and injunctive relief under 28 U.S.C. §§ 2201-02 (1976) with jurisdiction based upon diversity, and an application for an order confirming an arbitral award under 9 U.S.C. § 201 (1982). The Court has before it plaintiff's motion for a preliminary injunction and defendant's motion for summary judgment. The central issue embodied in those motions is one of first impression...

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