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SAN MARTINE COMPANIA DE NAV. v. SAGUENAY TERM. LTD.

No. 16666.

293 F.2d 796 (1961)

SAN MARTINE COMPANIA DE NAVEGACION, S.A., Appellant, v. SAGUENAY TERMINALS LIMITED, Appellee.

United States Court of Appeals Ninth Circuit.

August 2, 1961.

Attorney(s) appearing for the Case

Dorr, Cooper & Hays and John Hays and W. K. Mordock, Jr., San Francisco, Cal., Chadbourne, O'Neill & Thomaon and John B. Whalen, New York City, Anderson, Wrenn & Jenks and Martin Anderson, Honolulu, Hawaii, for appellant.

Lillick, Geary, Wheat, Adams & Charles and Gilbert C. Wheat and Willard G. Gilson, San Francisco, Cal., and Haight, Gardner, Poor & Havens and William J. Junkerman, New York City, for appellee.

Before CHAMBERS, POPE and JERTBERG, Circuit Judges.

POPE, Circuit Judge.

In July, 1955, the appellee, here called Saguenay, as charterer, chartered the vessel Santa Ana from the appellant San Martine, owners, for portions of each of four ensuing years. The ship was operated under the charter until the owners, by notice dated November 9, 1956, invoked the clause of the charter party which provided that in the event that Canada, the United Kingdom, or the United States, became involved in hostil-mercantile marine by...

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