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MANNESMANN ROHRLEITUNGSBAU v. S.S. BERNHARD HOWALDT

No. 64 Ad. 1201.

254 F.Supp. 278 (1965)

MANNESMANN ROHRLEITUNGSBAU, G.m.b.H., Libelant, v. S.S. BERNHARD HOWALDT, her engines, boilers, etc., Bernhard Howaldt, and Transamerican Steamship Corporation, Respondents.

United States District Court S. D. New York.

August 12, 1965.

Attorney(s) appearing for the Case

Hill, Rivkins, Louis & Warburton, New York City, for libelant, Joseph T. McGowan, Thomas D. Toy, New York City, of counsel.

Dougherty, Ryan, Mahoney & Pellegrino, New York City, for respondent Transamerican Steamship Corp., Robert J. Giuffra, New York City, of counsel.

WYATT, District Judge.

This is a motion by respondent Transamerican Steamship Corporation ("Transamerican") to dismiss the libel because this forum is inconvenient or, in the alternative, for a stay under 9 U.S.C. § 3 pending arbitration.

The motion to dismiss is plainly without merit. In the freight contract of February 18, 1963, movant is described and referred to as "owners" of the vessels to be furnished thereunder. The fact that movant is described...

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