Plaintiff-appellee brought its action in the United States District Court for the Southern District of New York, for a declaratory judgment permanently staying an arbitration which had been demanded against it by defendant-appellant. Plaintiff and defendant cross-moved for summary judgment. Plaintiff-appellee's motion to restrain permanently an arbitration proceeding was granted and defendant-appellant's motion to dismiss the action was denied. Defendant-appellant appeals.

Emanuel Dannett, New York City, Fred E. Fuller, Richard S. Baker, Toledo, Ohio, Jacob Silverman, New York City, Fuller, Seney, Henry & Hodge, Toledo, Ohio, McGoldrick, Dannett, Horowitz & Golub, New York City, for plaintiff-appellee.

Eugene G. Eisner, New York City, for defendant-appellant.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM: