Court of Appeals for the Fifth Circuit November 13, 1970, 28682 (Southeastern Enameling Corporation v. General Bronze Corporation)

RIVES, Circuit Judge:

This is a common law action by Southeastern for breach of contract with jury trial demanded. In its answer General Bronze pleaded as its “First Defense” that the contract contained a provision that New York law should govern its construction and a further provision

“that before either party exercises any right of litigation ‘any dispute or claim involving interpretation or