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SAXIS STEAMSHIP CO. v. MULTIFACS INTERNATIONAL TRADERS, INC.

No. 329, Docket 30938.

375 F.2d 577 (1967)

SAXIS STEAMSHIP CO., Owners of the SS WARM SPRINGS, Petitioner-Appellee, v. MULTIFACS INTERNATIONAL TRADERS, INC., Respondent-Appellant, v. AMERICAN RENAISSANCE LINES, INC., Petitioner-Intervenor-Appellant.

United States Court of Appeals Second Circuit.

Decided March 30, 1967.

Attorney(s) appearing for the Case

Harry T. Constas, Jamaica, N. Y., for respondent-appellant.

Francis J. O'Brien, New York City (Zock, Petrie, Sheneman & Reid, New York City, on the brief), for petitioner-appellee.

James M. Leonard, New York City (McHugh & Leonard, New York City, on the brief), for petitioner-intervenor-appellant.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On September 20, 1965, the appellant chartered the vessel SS Warm Springs from its owner, the appellee Saxis Steamship Co., for the purpose of carrying cargoes to South Vietnam. The form of charter party was one generally known in the shipping business as the New York Produce Exchange Time Charter, which provided, inter alia:

"That should any dispute arise between the owners and charterers, the matter in dispute shall be referred...

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