[Download] "Lummus Co. v. Commonwealth Oil Refining Co." by United States Court of Appeals First Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Lummus Co. v. Commonwealth Oil Refining Co.
• Author : United States Court of Appeals First Circuit
• Release Date : January 16, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

This is an appeal under 28 U.S.C. § 1292(a) (1) from an interlocutory order, dated July 20, 1959, of the United States District Court for the District of Puerto Rico entering a preliminary stay of arbitration and granting a preliminary injunction enjoining defendant-appellant from taking any further action in a case pending in the United States District Court for the Southern District of New York, or any other steps in furtherance of the arbitration. Defendant-appellant, The Lummus Company, a Delaware corporation with its principal office in New York, N. Y., is engaged, inter alia, in designing and constructing oil refineries. Plaintiff-appellee, Commonwealth Oil Refining Co., Inc., is a Puerto Rican corporation, which describes itself as the owner of an oil refinery in Puerto Rico built for it by the defendant. The controversy between the parties arises out of two contracts entered into in New York in July 1954, and March 1956, under which Lummus undertook to design, build, initially supervise, and guarantee the performance of, first, the original refinery, and then later its expansion facilities, for a guaranteed maximum cost of some $35,000,000. Both contracts contain the following clause:

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