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TAI PING INS. CO., LTD. v. M/V WARSCHAU

No. 83-3108.

731 F.2d 1141 (1984)

The TAI PING INSURANCE CO., LTD., et al., Plaintiffs-Appellees, v. M/V WARSCHAU, et al., Defendants. Alfred C. TOEPFER, Defendant-Appellant, v. CANADIAN TRANSPORT COMPANY, A DIVISION OF MACMILLAN BLOEDEL, LTD., a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 26, 1984.

Attorney(s) appearing for the Case

James R. Holmes, Harvey G. Gleason, New Orleans, La., for defendant-appellant.

James Hanemann, Franklin G. Shaw, New Orleans, La., for Tai Ping.

James R. Sutterfield, Donald A. Hoffman, New Orleans, La., for M/G Transport.

R. Glenn Bauer, Phelps, Dunbar, Marks, Claverie & Sims, George J. Fowler, III, New Orleans, La., for Canadian Transport.

F.A. Courtenay, Jr., Theodore W. Brin, New Orleans, La., for S.G.S. Control.

William E. O'Neil, Marcia L. Culley, New Orleans, La., for Cravat Coal.

Before RUBIN and RANDALL, Circuit Judges, and SEAR, District Judge.

RANDALL, Circuit Judge:

The issue raised by this appeal is whether the district court abused its discretion in staying the London arbitration of a dispute between two of the defendants pending the outcome of the federal court litigation between all parties. Because we find that the district court abused its discretion, we vacate the stay of arbitration. Also before us is the appellant's motion to strike the brief of appellee Tai Ping, which was carried with the case...

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