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SOUTHWESTERN SUGAR & M. CO. v. THE ELIZA JANE NICHOLSON

126 F.Supp. 666 (1954)

SOUTHWESTERN SUGAR & MOLASSES COMPANY, Inc., Libelant, v. THE ELIZA JANE NICHOLSON, her engines, etc., Bernuth, Lembcke Company, Inc. and General Molasses Company, Claimant-Respondents.

United States District Court, S. D. New York.

December 27, 1954.

Attorney(s) appearing for the Case

Crowell & Rouse, New York City, proctors for libelant. George L. Varian, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, proctors for Bernuth, Lembcke Co., Inc. Michael F. Whalen, New York City, Edward J. Heine, Jr., advocates.

Burlingham, Hupper & Kennedy, New York City, proctors for General Molasses Co. Herbert M. Lord, New York City, of counsel.

McGOHEY, District Judge.

Southwestern Sugar and Molasses Co. has filed a libel against the S/T Eliza Jane Nicholson; her owner, Bernuth, Lembcke Co., Inc.; and General Molasses Co., charterer.

The libel alleges that Bernuth, Lembcke chartered the vessel to General Molasses Co. for the carriage of a full cargo of molasses; that the charter party contained the following arbitration clause:

"26 * * * Any...

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