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FILANTO, S.P.A. v. CHILEWICH INTERN. CORP.

No. 402, Docket 92-7657.

984 F.2d 58 (1993)

FILANTO, S.P.A., Plaintiff-Appellant, v. CHILEWICH INTERNATIONAL CORP., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 19, 1993.

Attorney(s) appearing for the Case

Richard N. Chassin, New York City (Joseph D. Becker, Michael J. Lane, Becker, Glynn, Melamed & Muffly, on the brief), for plaintiff-appellant.

Allen N. Ross, New York City (Lawrence J. Profeta, Warshaw Burstein Cohen Schlesinger & Kuh, on the brief), for defendant-appellee.

Before: NEWMAN, KEARSE, and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents a variation on the recurring issue of whether a district court's order requiring arbitration is appealable. The precise question is whether such an order is appealable when it is entered in a lawsuit brought on the underlying dispute, the complaint is not dismissed, but the case is nonetheless marked "closed." The issue arises on the purported appeal of Filanto, S.p.A. ("Filanto") from the May 21, 1992, judgment of...

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