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NAKAMURA S.S. CO., LTD. v. THYSSEN INTERN. INC.

No. 81 Civ. 3401.

534 F.Supp. 717 (1982)

In the Matter of the Arbitration between NAKAMURA STEAMSHIP CO., LTD., as Owners of the M.V. PACIFIC LEADER, Petitioner, and THYSSEN INTERNATIONAL INC., as Charterers, Respondent.

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

March 23, 1982.

Attorney(s) appearing for the Case

Healy & Baillie by John Phufas, New York City, for petitioner.

Jeffrey Shernoff, New York City, for respondent.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

Petitioner seeks an order compelling respondent to arbitrate both because respondent entered into an agreement to arbitrate and because respondent's action appointing an arbitrator in response to an earlier application to compel arbitration bars it from contesting arbitration now. The facts show that, despite respondent's untimely contentions, the parties did...

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