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KARAVOS COMPANIA, ETC. v. ATLANTICA EXPORT CORP.

No. 317, Docket 78-7423.

588 F.2d 1 (1978)

In the Matter of the arbitration between KARAVOS COMPANIA NAVIERA S. A., disponent owner of the M/V Swede Tonia, Petitioner-Appellee, v. ATLANTICA EXPORT CORPORATION, Charterers of the M/V Swede Tonia, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

John D. Kimball, New York City (Healy & Baillie, New York City, Jack A. Greenbaum, New York City, of counsel), for respondent-appellant.

Jonathan Friedland, New York City (Poles, Tublin, Patestides & Stratakis, New York City, John G. Poles, New York City, of counsel), for petitioner-appellee.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge:

This is an appeal from an order of the District Court for the Southern District of New York under §§ 4 and 5 of the Federal Arbitration Act, 9 U.S.C. §§ 4, 5 (1976), directing Atlantica Export Corporation to submit to arbitration of a claim by Karavos Compania Naviera, S.A. (Karavos), for breach of an alleged agreement to charter its vessel M/V Swede Tonia. The agreement, never signed but alleged to have resulted from telephone...

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