IN RE KINOSHITA & CO.

No. 230, Docket 26608.

287 F.2d 951 (1961)

In the Matter of the Petition of KINOSHITA & CO., Ltd. and Kinoshita & Co., Ltd., USA as charterer and agent, Petitioners-Appellees, for an order directing American Oceanic Corporation, as owner or chartered owner of a vessel to be named, Respondent-Appellant, to proceed to arbitration in accordance with the terms of its written agreement.

United States Court of Appeals Second Circuit.

Decided March 16, 1961.


Attorney(s) appearing for the Case

Barry M. Caruth, New York City (Irving G. Purcell, New York City, on the brief), for respondent-appellant.

David I. Gilchrist, New York City (George Yamaoka and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for petitioners-appellees.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.


MEDINA, Circuit Judge.

An agreement made in "New York, February 26, 1960" between "Kinoshita & Co., Ltd., Tokyo" and American Oceanic Corporation provided that American Oceanic would as charterer tender at a place and time specified in the contract a "vessel to be named" for charter to Kinoshita at $8 per ton for a voyage to Japan. The vessel was not tendered at the time and place specified in the agreement, although there was considerable correspondence between...

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