AKRON STEEL FABRICATORS CO. v. KRUPP PLASTICS & RUBBER MACHINERY (USA), INC.

No. 5:96-CV-2460.

950 F.Supp. 836 (1996)

AKRON STEEL FABRICATORS CO., Plaintiff, v. KRUPP PLASTICS & RUBBER MACHINERY (USA), INC., a/k/a Krupp Rubber Machinery, Inc., Defendant.

United States District Court, N.D. Ohio, Eastern Division.

December 19, 1996.


Attorney(s) appearing for the Case

Leonard W. Stauffenger, Richard T. Cunningham, John C. Weisensell, Amer, Cunningham, Brennan, Akron, OH, for Akron Steel Fabricators Co.

James A. Mollica, Jr., Mollica & Murray, Pittsburgh, PA, for Krupp Plastics & Rubber Machinery (USA), Inc.


MEMORANDUM OPINION

(Resolving Docket Nos. 3, 10 and 20)

DOWD, District Judge.

I. INTRODUCTION

The Court is called upon to decide whether, under the facts of this case, a written arbitration clause is enforceable when the parties did not discuss arbitration during negotiations and when the clause was included in small print on the reverse side of the buyer's purchase order. The Court's inquiry is complicated by the fact that...

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