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PAN AMERICAN TANKERS CORPORATION v. REPUBLIC OF VIETNAM

No. 68 Civil 3079.

291 F.Supp. 49 (1968)

PAN AMERICAN TANKERS CORPORATION, a corporation and Whitehall Navigation Corporation, a corporation, Plaintiffs, v. The REPUBLIC OF VIETNAM, a sovereign, Nha May Xi-Mang Ha-Tien, d/b/a Hatien Cement Plant, a corporation, and Viet-Nam Xi-Mang Cong-TY, d/b/a Vixico, a corporation, Defendants.

United States District Court S. D. New York.

October 11, 1968.

Attorney(s) appearing for the Case

Scoll & Coleman, New York City, for plaintiffs, David E. Scoll, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant The Republic of Vietnam (appearing specially), James M. Estabrook, New York City, of counsel.

OPINION

HERLANDS, District Judge:

Plaintiffs, owners and operators of three American flag vessels, petition for an order to compel arbitration, presumably under the Federal Arbitration Act, 9 U.S.C. §§ 4, 8 (1964). Defendant The Republic of Vietnam, appearing specially, contests the motion by interposing a plea of sovereign immunity.

Plaintiffs, through agents, on January 27, 1968 entered into a contract of shipment entitled "Fixture Note...

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