VICTORY TRANSPORT INC. v. COMISARIA GENERAL, ETC.


232 F.Supp. 294 (1963)

In the Matter of the arbitration under voyage charter dated November 1, 1961, between VICTORY TRANSPORT INCORPORATED, owner of the S.S. HUDSON, Petitioner, and COMISARIA GENERAL de ABASTECIMIENTOS y TRANSPORTES, voyage charterer of the S.S. Hudson, Respondent.

United States District Court S. D. New York.

November 13, 1963.


Attorney(s) appearing for the Case

Burlingham, Underwood, Barron, Wright & White, New York City, for petitioner Victory Transport, Inc.

Harry Wallach, New York City, for respondent Comisaria General de Abastecimientos, etc.


MURPHY, District Judge.

In opposition to the petition of Victory Transport Incorporated to compel arbitration, the respondent cross-moves to vacate service of the petition and further to dismiss the petition on the grounds that (a) respondent is not subject to the jurisdiction of this court by reason of its sovereign immunity and (b) this court is without jurisdiction over the controversy.

Since a decision on the cross-motions will be dispositive of the petition...

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