COMMERCIAL METALS CO. v. INTERNATIONAL UNION MARINE CORP.

No. 67 Civ. 4702.

294 F.Supp. 570 (1968)

COMMERCIAL METALS COMPANY, Plaintiff, v. INTERNATIONAL UNION MARINE CORPORATION, Defendant.

United States District Court S. D. New York.

December 30, 1968.


Attorney(s) appearing for the Case

Burlingham, Underwood, Wright, White & Lord, New York City, for plaintiff.

Dunn & Zuckerman, New York City, for defendant.


MANSFIELD, District Judge.

In this action for breach of a charter party contract, plaintiff, charterer of the ship, moves for a stay of litigation and an order directing defendant shipowner to proceed to arbitration in accordance with the contract's arbitration clause, to which defendant objects on the ground that plaintiff, by institution and prosecution of the litigation, has waived its right to arbitration. The motion is granted.

On February 16, 1967, the...

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