ATLANTA SHIPPING CORP. v. CHESWICK-FLANDERS & CO.

No. 78 Civ. 3517 (CHT).

463 F.Supp. 614 (1978)

In the Matter of the Arbitration between ATLANTA SHIPPING CORP., as Disponent Owner, Petitioner, and CHESWICK-FLANDERS & CO., as Charterer, Respondent.

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

December 27, 1978.


Attorney(s) appearing for the Case

Zock, Petrie, Reid & Curtin, New York City, for petitioner; Philip J. Curtin, New York City, of counsel.

Ely & Bernard, Erie, Pa., Parker, Chapin, Flattau & Klimpl, New York City, for respondent; Bruce W. Bernard, Erie, Pa., Menachem J. Kastner, New York City, of counsel.


OPINION

TENNEY, District Judge.

On August 1, 1978, Atlanta Shipping Corp. ("Atlanta") commenced this action by filing a petition to compel arbitration between it and Cheswick-Flanders & Co. ("Cheswick"). Atlanta subsequently moved pursuant to section 4 of the Federal Arbitration Act, 9 U.S.C. § 4 (the "Act"), for an order compelling the arbitration. Cheswick opposes the motion, but it also demands, in the alternative, arbitration on claims it

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