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PETITION OF HOME INS. CO.

No. 95 Civ. 5338 (JGK).

908 F.Supp. 180 (1995)

In the Matter of the Petition of the HOME INSURANCE COMPANY as Successor in Interest to the Home Indemnity Company Seeking an Order Directing Svedala Industries, Inc. to Proceed to Arbitration.

United States District Court, S.D. New York.

December 11, 1995.

Attorney(s) appearing for the Case

Emilie L. Bakal, Mound, Cotton & Wollan, New York City, for petitioner.

Robert J. Brennan, Jay R. McDaniel, Porzio, Bromberg & Newman, New York City, for respondent.

MEMORANDUM OPINION AND ORDER

KOELTL, District Judge:

This is a petition to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 4 (the "Arbitration Act") brought by The Home Insurance Company ("Home") against Svedala Industries Inc. ("Svedala"). Svedala cross-moves to dismiss the petition.

I.

Home bases its petition on an arbitration clause in a Retrospective Premium Agreement (the "Premium Agreement") between...

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