Accito

This is an appeal by Matmor Canning Company from an order confirming the award of arbitrators in favor of the complainant Aceito, from the judgment entered in accordance therewith, and from the order denying Matmor’s motion to vacate the award.

On December 9, 1952, Aceito filed his motion to confirm the award. It was alleged that the motion would “be based upon the agreement, the selection of the arbitrators and the award hereunto attached and made a part hereof and also upon the minutes of the Court.” Thereafter Matmor gave timely notice of motion to vacate the award, alleging that it would be made upon the ground that II. D. Zimmer, the arbitrator appointed by Matmor, was disqualified to act and that his participation constituted “misbehavior by which the rights of respondent Matmor Canning Co., Inc. have been prejudiced.” Attached to said notice was an affidavit by Zimmer in support thereof. The court issued its order staying all proceedings to enforce the award pending a determination of the motion to vacate. Both motions were argued and submitted, and on the following day the court confirmed the award, entered judgment in favor of Aceito, and denied the motion to…