District Court, S.D. New York June 24, 1971, 71 Civ. 2434 (Lawn v. Franklin)

GURFEIN, District Judge.

This is a motion by the plaintiff for an order compelling arbitration under the Federal Arbitration Act (9 U.S.C. Section 4). The defendants oppose the motion on two grounds: (1) that the existence of a prior action in the United States District Court for the Western District of Texas (Leonard Franklin, et al. v. Howard M. Lawn, A 71 Civ. Action No.