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IN RE FRG

Bankruptcy No. 89-12766S, Civ. A. No. 90-2819.

115 B.R. 72 (1990)

In re FRG.

United States District Court, E.D. Pennsylvania.

June 4, 1990.

Attorney(s) appearing for the Case

Hahn & Hessen, Marilyn Simon, Stroock & Stroock & Lavan, Schnader Harrison Segal & Lewis, Skadden Arps Slate Meagher & Flom, Kaye Scholer Fierman Hays & Handler, Schulte Roth & Zabel, New York City, for plaintiffs.

James O'Connell, Philadelphia, Pa., FRG Management Inc., Ambler, Pa., for defendants.

MEMORANDUM

WALDMAN, District Judge.

In the recent case of Hays & Co. v. Merrill Lynch, Pierce, Fenner & Smith, 885 F.2d 1149 (3rd Cir.1989), the Third Circuit Court of Appeals held that federal courts lack discretion to deny enforcement of a contractual arbitration clause invoked in the context of a non-core adversary proceeding brought by a debtor's trustee. In reaching its holding, the court cited the strong...

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