Legal Opinion

In re the Arbitration between Willow Fabrics, Inc. & Carolina Freight Carriers Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1964PublishedCited by 2 opinions

1Per curiam

We find the arbitration award unassailable. Nor do we think there should be a remand to the arbitrators for specific findings. Appellant’s attack upon the award proceeds on the assumption that any award less than the amount it claimed to be due would be illegal as in contravention of Federal law prohibiting the payment of anything less than the published rates for transportation. Apart from the fact that such an argument presupposes the futility of any real arbitration ■—• where the outcome is a certainty — the major premise of the assumption is fallacious in disregarding the extent of the…

2Cases cited4 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
  3. In re the Arbitration between Shirley Silk Co. & American Silk Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  4. In re the Arbitration between John Post Construction Corp., & Good Humor Corp.New York Supreme Court · 1957

3Cited by2 opinions

  1. In re the Arbitration between Guetta & Raxon Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  2. In re the Arbitration between GastworthAppellate Division of the Supreme Court of the State of New York · 1979

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