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J. M. HUBER AND CO. v. M/V PLYM

No. 72-2048.

468 F.2d 166 (1972)

J. M. HUBER AND CO., Appellee, v. The M/V PLYM, her engines, tackle, etc., in rem, and Plym Shipping Co., in personam, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1972.

Attorney(s) appearing for the Case

Robert M. Hughes, III, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellant.

R. Arthur Jett, Jr., Norfolk, Va. (Jett, Berkley, Furr & Heilig, Norfolk, Va., on brief), for appellee.

Before CRAVEN, RUSSELL and FIELD, Circuit Judges.

PER CURIAM:

Faced with a motion to dismiss this appeal, the defendant-appellant urges that the order of the district court denying its motion to stay plaintiff's admiralty action pending arbitration is an "injunction" and therefore an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).

The complaint which seeks recovery for damages to cargo owned by the plaintiff identifies the claim as admiralty or maritime in nature under Rule 9(h), Federal...

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