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W. R. GRACE & COMPANY v. TRAWLER CRUSTAMAR

No. 76-1999.

571 F.2d 318 (1978)

W. R. GRACE & COMPANY, a Connecticut Corporation, Plaintiff-Appellee, v. The TRAWLER CRUSTAMAR, her engines, tackle, appurtenances, etc., in rem, and the owners of the Trawler "Crustamar" in personam, pursuant to Writ of Foreign attachment, Seacrust, Ltd., a Bahamian Corporation, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 17, 1978.

Attorney(s) appearing for the Case

John A. DeVault, III, Jacksonville, Fla., Keith S. Rosenn, Columbus, Ohio, for defendants-appellants.

Joseph P. Milton, Almer W. Beale, II, Jacksonville, Fla., for plaintiff-appellee.

Before JONES, RONEY and TJOFLAT, Circuit Judges.

JONES, Circuit Judge:

The appellee, W. R. Grace & Co., brought an action against the Trawler "Crustamar" and its owner, Seacrust, Ltd., a Bahamian corporation, seeking to foreclose a mortgage of the "Crustamar" given by Seacrust to Grace to secure obligations of Seacrust or a subsidiary to Grace evidenced by agreements containing a provision that, "Any controversy or claim arising out of, or relating to this agreement or its exhibits shall be submitted for arbitration...

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