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ATLANTIC FERTILIZER & CHEMICAL v. ITALMARE, S.p.A.

Nos. 96-60286, 96-60431.

117 F.3d 266 (1997)

ATLANTIC FERTILIZER AND CHEMICAL CORPORATION, Plaintiff-Counter Defendant-Appellee, v. ITALMARE, S.p.A., a corporation, et al., Defendants, Italmare, S.p.A., a corporation, Defendant-Counter Claimant-Appellant. ATLANTIC FERTILIZER AND CHEMICAL CORPORATION, Plaintiff-Counter Defendant-Appellee, v. ITALMARE, S.p.A., a corporation, et al., Defendants, Italmare, S.p.A., a corporation, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 1997.

Attorney(s) appearing for the Case

Blane H. Crutchfield, A. Clay Rankin, III, John Patrick Kavanagh, Jr., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, AL, for Plaintiff-Counter Defendant-Appellee in both cases.

Joseph M. Allen, Jr., Gregory C. Buffalow, John Robert Parker, Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, for Defendant-Counter Claimant-Appellant in both cases.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this admiralty case, Italmare Corporation appeals an interlocutory order denying it counter-security in a dispute with Atlantic Fertilizer and Chemical Corporation. Before reaching the merits, however, we must determine whether we have jurisdiction over the appeal from the interlocutory order. We examine the district court's order and read it on its face to say that the pending arbitration...

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