KEYSTONE SHIPPING CO. v. NEW ENGLAND POWER CO.

No. 96-1800.

109 F.3d 46 (1997)

KEYSTONE SHIPPING COMPANY, Plaintiff-Appellant, v. NEW ENGLAND POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided March 20, 1997.


Attorney(s) appearing for the Case

Joseph D. Steinfield with whom Joshua A. Davis, Boston, MA, C. Dylan Sanders, Jamaica Plain, MA, and Hill & Barlow were on brief, for appellant.

Stanley McDermott, III, with whom James D. Kleiner, New York City, Piper & Marbury L.L.P., and John F. Sherman, III, Westborough, MA, were on brief, for appellee.

Before CYR, Circuit Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.


STAHL, Circuit Judge.

This case involving an underlying dispute over who is to pay for some $14 million in repairs to a coal cargo ship requires us to resolve one question: whether claims asserted by defendant-appellee New England Power Company ("NEP") against plaintiff-appellant Keystone Shipping Co. ("Keystone") are arbitrable. We reach two conclusions pointing to the same result. First, because the issue has already been litigated by the parties in Massachusetts...

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