Milton Schwartz & Associates, Architects v. Magness Corp.

OPINION

STAPLETON, District Judge:

This is a diversity action for breach of contract. Plaintiffs are a partnership, Milton Schwartz and Associates, Architects, whose offices are located in Philadelphia. Defendant is The Magness Corporation, a land developer incorporated in Delaware. Defendant has moved for dismissal under F.R.Civ.P. 12(b), arguing that, under the contract between the parties, the plaintiffs’ claim must be remitted to arbitration.

On February 15, 1971, the parties entered into a contract under which the plaintiffs undertook to provide architectural services for the construction…