Tepper Realty Company v. Mosaic Tile Company
District Court, S.D. New York
1Opinion of the Court
OPINION
MacMAHON, District Judge.
Defendants Mosaic Tile Company (Mosaic) and Mosaic Building Products, Inc. (Building Products), by separate applications, move pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3, for orders staying trial of this action pending arbitration.
The complaint asserts two “causes of action,” the first for breach of two written contracts and breach of warranty, and the second, alternatively, for negligence in the performance of the contracts. In the first contract (Complaint, Exhibit A) between the defendant Building Products and plaintiff Tepper Realty…
2Cases cited11 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
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3Cited by73 opinions
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- In Re Oil Spill by Amoco Cadiz Off Coast of France March 16Court of Appeals for the Seventh Circuit · 1981
- Don King Productions, Inc. v. DouglasDistrict Court, S.D. New York · 1990
- Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977
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