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MTR. OF REDERI (DOW CHEM. CO.)

31 A.D.2d 372 (1969)

In the Matter of the Arbitration between A/S J. Ludwig Mowinckels Rederi, Appellant, and Dow Chemical Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1969.

Attorney(s) appearing for the Case

R. Glenn Bauer of counsel (M. E. DeOrchis and Thacher W. White with him on the brief; Haight, Gardner, Poor & Havens, attorneys), for appellant.

Gray Williams of counsel (George B. Warburton with him on the brief; Hill Rivkins Warburton McGowan & Carey, attorneys), for respondents.

CAPOZZOLI, J. P., NUNEZ and BASTOW, JJ., concur with McNALLY, J.; STEUER, J., dissents in opinion.

McNALLY, J.

On December 1, 1964, petitioner and respondents entered into a written agreement whereby petitioner agreed to furnish tankers for the carriage of chemicals. The contract provides petitioner shall be entitled to the privileges, rights and immunities contained in sections 3 (subd. [6]), 4 and 11 of the Carriage of Goods by Sea Act ("Act"). (U. S. Code, tit. 46, § 1300 et seq.) The Act provides the carrier shall be discharged from...

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