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LOWRY & CO. v. S. S. LE MOYNE D'IBERVILLE

No. 288, Docket 30662.

372 F.2d 123 (1967)

LOWRY & CO., Inc., Libelant-Appellant, v. S. S. LE MOYNE D'IBERVILLE, her engines, boilers, etc. and Compagnie Generale Transatlantique a Paris, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 31, 1967.

Attorney(s) appearing for the Case

Joseph T. McGowan, New York City (Clare E. Walker and Hill, Rivkins, Warburton, McGowan & Carey, New York City, on the brief), for libelant-appellant.

Edwin Longcope, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for respondent-appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM:

The endorsee of bills of lading for a sugar cargo libelled respondent's ship for damage to the cargo in carriage. Respondent moved in the alternative for dismissal of action or stay pending arbitration pursuant to provisions of the charter party incorporated by reference in the bills of lading. The District Court for the Southern District of New York, Edward Weinfeld, Judge, granted a stay pending arbitration, 253 F.Supp. 396

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