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METALLGESELLSCHAFT A.G. v. M/V CAPITAN CONSTANTE

No. 204, Docket 85-7443.

790 F.2d 280 (1986)

METALLGESELLSCHAFT A.G., Plaintiff-Appellant, v. M/V CAPITAN CONSTANTE and Yacimientos Petroliferos Fiscales, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Briefs Received November 25, 1985.

Decided May 19, 1986.

Attorney(s) appearing for the Case

Tulio R. Prieto, New York City (Cardillo & Corbett, N.Y. City, of counsel), for plaintiff-appellant.

Juan A. Anduiza, New York City (Haight, Gardner, Poor & Havens, Mark C. Flavin and Charles B. Anderson, N.Y. City, of counsel), for defendants-appellees.

American Arbitration Ass'n and Society of Maritime Arbitrators, Inc., amici curiae.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Metallgesellschaft A.G. appeals from an order and judgment of the United States District Court for the Eastern District of New York (Bramwell, J.). The order confirmed an arbitration award in favor of appellee Yacimientos Petroliferos Fiscales in the amount of $794,684.33, plus interest, for maritime freight charges admittedly due and owing; the judgment was for the amount of the award. Appellant's principal contention on appeal is...

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