SCHILLING v. CANADIAN FOREIGN STEAMSHIP COMPANY


190 F.Supp. 462 (1961)

Edward SCHILLING, Trustee in Reorganization of North Atlantic and Gulf Steamship Company, Incorporated, Libelant, v. CANADIAN FOREIGN STEAMSHIP COMPANY, Ltd., Isbrandtsen Company, Inc., and Carras (USA) Ltd., as agents for the owners of THE SS DIRPHYS, Respondents.

United States District Court S. D. New York.

January 11, 1961.


Attorney(s) appearing for the Case

Bergerman & Hourwich, New York City, for libelant.

Zock, Petrie, Sheneman & Reid, New York City, for respondent Isbrandtsen Co., Inc.


DIMOCK, District Judge.

Respondent Isbrandtsen Company, Inc., moves pursuant to section 3 of the United States Arbitration Act, 9 U.S.C. § 3, to stay all proceedings herein until arbitration is had.

The question presented is whether a trustee in reorganization who seeks to recover on a contract made with his debtor prior to the beginning of the reorganization proceeding may be compelled to proceed to arbitration in accordance with a provision in the contract...

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