Boston Printing Pressmen's Union v. Potter Press

WYZANSKI, District Judge...••■Defendant moves to dismiss plaintiff’s complaint primarily, on ..the grounds that it fails to state a “case” or “controversy” within U.S.Const. Art. Ill, § 2, and that, if it does, it fails to state “an existing controversy arising out of a contract” “involving commerce” within the meaning of § 2 and other parts of the United States Arbitration Act of July 30, 1947, c. 392, § 2; 61 Stat. 669; 9 U.S.C. §§ 1, 2 et seq.

Stated summarily, plaintiff’s complaint seeks a mandatory injunction enforcing the parties’ written agreement to submit to arbitration a new contract…