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TUPMAN THURLOW COMPANY, INC. v. WOOLF INTERNATIONAL CORPORATION.

No. 96-P-195.

43 Mass. App. Ct. 334 (1997)

THE TUPMAN THURLOW COMPANY, INC. v. WOOLF INTERNATIONAL CORPORATION.

Court of Appeals of Massachusetts, Middlesex.

August 12, 1997.

Attorney(s) appearing for the Case

Joseph C. Delcore for the defendant.

Harry P. Haveles for the plaintiff.

Present: PERRETTA, DREBEN, & JACOBS, JJ.

PERRETTA, J.

When the defendant, Woolf International Corp. (Woolf), failed to pay the plaintiff, Tupman Thurlow Co., Inc. (Tupman), for meat that it had purchased on June 9, 1992, Tupman commenced arbitration proceedings in New York. Woolf advised the arbitrator by letter that it would neither appear nor participate in the proceedings because, it claimed, there was no agreement to arbitrate. The arbitrator determined otherwise and awarded Tupman damages. The award...

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