Hudson Lumber Co. v. United States Plywood Corporation

This appeal is from an interlocutory order in an action brought by appellants, Hudson Lumber Company and Elkins Sawmill, Inc., against 'appellees, United States Plywood Corporation and Shasta Plywood, Inc. The action was brought in, the Superior Court of Alameda County, California, but, on petition of appellees, was removed from that court to the United States District Court for the Northern District of California.

The order stayed the trial of the action on application of appellees pursuant to 9 U.S.C.A. § 3 . *Such a stay is, in effect, an injunction. Hence the order was appealable.

The complaint alleged, in substance, that Hudson Lumber Company and United States Plywood Corporation made an agreement in writing on December 9, 1947, and that Elkins Sawmill, Inc., and Shasta Plywood, Inc., had some interest in the agreement. A copy of the agreement was attached to the complaint. The complaint quoted the provisions of paragraphs’ 3(a) (ii) and 3(a) (vi) of the agreement, alleged that there was an actual controversy between appellants and appellees as to the meaning, effect and operation of the quoted provisions and' prayed for a “decree of the [District] Court determining and…