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COMMERCIAL METALS COMPANY v. INTERNATIONAL UNION MARINE CORPORATION

No. 67 Civ. 4702.

318 F.Supp. 1334 (1970)

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

United States District Court, S. D. New York.

November 4, 1970.

Attorney(s) appearing for the Case

Burlingham, Underwood, Wright, White & Lord, New York City, for plaintiff; Gerard Harrington, Jr., New York City, of counsel.

Dunn & Zuckerman, New York City, for defendant; Morton Zuckerman, New York City, of counsel.

MANSFIELD, District Judge.

In this claim by a charterer against a shipowner for breach of a charter party contract, which is presently the subject of an arbitration proceeding, see 294 F.Supp. 570 (S.D.N.Y.1968), defendant has moved pursuant to 9 U.S.C. § 7 and Rule 45(b), F.R.Civ.P., to vacate and quash a subpoena duces tecum issued by the arbitrators directing it to produce certain records showing profits earned by it from...

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