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S & R CO. OF KINGSTON v. LATONA TRUCKING, INC.

Docket No. 97-9236.

159 F.3d 80 (1998)

In the Matter of the Application to Compel Arbitration Between S & R COMPANY OF KINGSTON, a New York General Partnership, and Hartford Fire Insurance Company, Petitioners-Appellants, v. LATONA TRUCKING, INC., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 21, 1998.

Attorney(s) appearing for the Case

Mark T. Walsh, Gleason, Dunn, Walsh & O'Shea, Albany, N.Y., for Petitioners-Appellants.

J. Scott Greer, Lewis & Greer, P.C., Poughkeepsie, N.Y., for Respondent-Appellee.

Before: WALKER and CALABRESI, Circuit Judges, and RESTANI, Judge.

JOHN M. WALKER, JR., Circuit Judge:

Petitioners-appellants S & R Company of Kingston ("S & R") and Hartford Fire Insurance Company ("Hartford") appeal from the September 8, 1997, judgment of the United States District Court for the Northern District of New York (Thomas A. McAvoy, Chief Judge) denying their petition to compel arbitration under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, on the ground that they waived their right to arbitration...

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