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TATSUUMA KISEN KABUSHIKI KAISHA v. PRESCOTT

No. 4385.

4 F.2d 670 (1925)

TATSUUMA KISEN KABUSHIKI KAISHA v. PRESCOTT.

Circuit Court of Appeals, Ninth Circuit.

March 16, 1925.

Attorney(s) appearing for the Case

Cosgrove & Terhune, of Seattle, Wash., for appellant.

Bausman, Oldham & Eggerman, Frederick Bausman, and Arthur E. Simon, all of Seattle, Wash., for appellee.

Before ROSS, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This was a libel in personam to recover damages for breach of a charter party. The court below sustained exceptions and dismissed the libel, because it failed to show a compliance with the arbitration provision of the charter party. The stipulation for arbitration reads as follows:

"Any dispute of law or fact arising under this Charter Party shall be referred to arbitration in Seattle of three (3) persons, one appointed by the National...

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