Litigation History
Flood & Conklin responded by denying the fraud allegations in several affidavits and noting that Prima had enjoyed the benefits of the contract for almost a year without complaint. It could not have been unaware of the bankruptcy proceedings, Flood noted, since it had been present at one of the creditors' committee meetings.
The district court, citing Robert Lawrence, rebuffed Prima and ordered the parties to arbitration. An appeal to the Second Circuit was likewise unsuccessful. Since the First Circuit had reached a different conclusion in a similar case in 1960 that the Supreme Court had declined to hear, the Court accepted Prima's certiorari petition in order to resolve the issue.
Robert Herzog and Martin Cole argued for the parties on March 12, 1967. The American Arbitration Association filed an amicus curiae brief in favor of Flood & Conklin.
Read more about this topic: Prima Paint Corp. V. Flood & Conklin Mfg. Co.
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