Bernhardt v. Polygraphic Co. of America
Decision Date | 08 July 1954 |
Docket Number | Civ. No. 1599. |
Citation | 122 F. Supp. 733 |
Court | U.S. District Court — District of Vermont |
Parties | BERNHARDT v. POLYGRAPHIC CO. OF AMERICA, Inc. |
Manfred W. Ehrich, Jr., Eugene V. Clark, Bennington, Vt., for plaintiff.
Guy M. Page, Jr., Burlington, Vt., McNamara & Larrow, Burlington, Vt., for defendant.
On February 15, 1954, the plaintiff, a citizen of Vermont, instituted this civil action for breach of an employment contract in the county court within and for the County of Bennington, Vermont. On March 5, 1954, the defendant, a corporate citizen of New York, petitioned for the removal of the county court action to this court under the provisions of 28 U.S.C.A. § 1441 et seq. On March 10, 1954, the defendant filed its answer to the complaint, joining therewith a counterclaim against the defendant.
On May 6, 1954, the defendant moved for a stay of the proceedings in this court on the grounds that the employment contract here in issue contained a mandatory, irrevocable agreement providing for arbitration of any disputes which might arise out of the contract. The particular contractual provisions pertinent here are as follows:
It is the defendant's contention that it is entitled to the stay it seeks on three independent grounds:
1. Under the authority of the Federal Arbitration Act, so-called, as set forth in 9 U.S.C.A.;
2. That the parties have validly contracted to adjust contractual disputes by arbitration;
3. That a Vermont court would, under like circumstances, stay the present action.
The cause was argued at Brattleboro, Vermont, on June 22, 1954, at which time the plaintiff petitioned for a temporary injunction to prevent the defendant from continuing the arbitration proceedings which it had instituted on or about May 3, 1954.
Conclusion of Law.
It might well be said that all...
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Bernhardt v. Polygraphic Company of America
...makes revocable an agreement to arbitrate at any time before an award is actually made. The District Court therefore denied the stay, 122 F.Supp. 733. The Court of Appeals reversed, 2 Cir., 218 F.2d 948. The case is here on a petition for certiorari which we granted, 349 U.S. 943, 75 S.Ct. ......