EASTERN MARINE CORPORATION v. FUKAYA TRADING CO.

No. 22581.

364 F.2d 80 (1966)

EASTERN MARINE CORPORATION, owner of the S/S EASTERN ARGO, Appellant, v. FUKAYA TRADING Co., S.A., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 22, 1966.


Attorney(s) appearing for the Case

William S. Stone, New Orleans, La., Morton Zuckerman, New York City, for appellant.

Moise S. Steeg, Jr., New Orleans, La., for appellee.

Before JONES, WISDOM, and GEWIN, Circuit Judges.


WISDOM, Circuit Judge:

This case presents the question whether the arrival of a chartered vessel at the loading wharf is a condition precedent to the owner's right of arbitration under a government form time charter. The district court granted the charterer's motion for stay of arbitration on the ground that arrival at the wharf was a condition precedent. It denied summary judgment pending the outcome of this appeal. We reverse and remand for an order directing arbitration...

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