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TRAFALGAR SHIPPING CO. v. INTERNATIONAL MILLING CO.

No. 487, Docket 31899.

401 F.2d 568 (1968)

In the Matter of the Arbitration under Voyage Charter of January 13, 1961 between TRAFALGAR SHIPPING CO., Ltd., Owner of the SS IONIAN ISLANDER, Petitioner-Appellant, v. INTERNATIONAL MILLING COMPANY, Voyage Charterer of the SS Ionian Islander, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 2, 1968.

Attorney(s) appearing for the Case

David P. Dawson, New York City, for petitioner-appellant.

Donald M. Burke, New York City (Zock, Petrie, Sheneman & Reid, New York City, on the brief), for respondent-appellee.

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

ANDERSON, Circuit Judge:

This is an action to compel arbitration of a claim for hull damage allegedly sustained by the SS Ionian Islander, a cargo ship. The affidavits before the district court reveal the following chronology of events.

In early 1961 the vessel was under voyage charter from the petitioner-appellant Trafalgar Shipping Co., Ltd. (Trafalgar), its owner, to the respondent-appellee International Milling Co. (International). By the charter, International...

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