Charmoll Fashions, Inc. v. Texora International Corp.

MEMORANDUM & ORDER ON REHEARING

DEVITT, Chief Judge.

Defendant requests the Court to reconsider its denial of defendant’s motion to dismiss or for summary judgment entered April 4, 1973. The Court denied these motions, because it found a genuine issue of material fact to exist as to whether the arbitration award had been repudiated.

Defendant protests the Court’s retention of jurisdiction, contending that under the purchase contract all issues pertaining to arbitration are referable to the New York courts. This argument is premature. The question of whether the award has been repudiated is the…