INSTITUTO CUBANO DE ESTABILIZACION v. THE M V DRILLER


148 F.Supp. 739 (1957)

INSTITUTO CUBANO DE ESTABILIZACION DEL AZUCAR, Libelant, v. THE M V DRILLER, her engines, etc., Crosbie & Co., Ltd., owner, and Cane Products Corporation, Respondents.

United States District Court S. D. New York.

February 11, 1957.


Attorney(s) appearing for the Case

Crowell, Rouse & Varian, New York City, for libelant.

David I. Gilchrist, New York City, for respondent, Cane Products Corp.


DAWSON, District Judge.

This is a motion pursuant to § 5 of the United States Arbitration Act, 9 U.S.C. § 5, for an order designating an umpire arbitrator and for such other relief as may be proper.

The respondents contend (1) that there is no written agreement to arbitrate and (2) that they have not appointed an arbitrator and therefore there is no occasion to appoint an umpire arbitrator.

The...

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