COMPLAINT OF BALLARD SHIPPING CO.

Civ. A. No. 89-0685 L.

752 F.Supp. 546 (1990)

In the Matter of the Complaint of BALLARD SHIPPING COMPANY for Exoneration From or Limitation of Liability.

United States District Court, Rhode Island.

December 7, 1990.


Attorney(s) appearing for the Case

Gordon P. Cleary, Vetter and White, Providence, R.I., Thomas H. Walsh, Jr., John J. Finn, Michael J. Eisele, Bingham Dana & Gould, Boston, Mass., for Ballard Shipping Co.

Richard Corley of Lovett, Schefrin, Gallogly & Hartnett, Providence, R.I., Stephen V. Rible of Bigham, Englar Jones & Houston, New York City, for Americas Ins.


MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This matter is before the Court on the motion of Ballard Shipping Company ("Ballard") to compel arbitration and to stay the claim of Americas Insurance Co. ("Americas") pending arbitration. Although the dispute between the parties involves an issue arbitrable under the Federal Arbitration Act, the motion is denied on two grounds. First, this Court concludes Ballard has waived its right to compel arbitration and...

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