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CARGILL FERROUS INTERN. v. SEA PHOENIX MV

No. 01-31193.

325 F.3d 695 (2003)

CARGILL FERROUS INTERNATIONAL, a Department of Cargill Incorporated, Plaintiff-Appellee-Cross-Appellant, v. SEA PHOENIX MV, etc.; et al., Defendants, SEA PHOENIX MV, her engines, tackle, apparel, etc., in rem; COSCO (Singapore) Private Ltd., in personam; Western Bulk Carriers, in personam, Defendants-Appellees, and Serene Sky Shipping Inc., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 2003.

Attorney(s) appearing for the Case

John Francis Fay, Jr. (argued), Joseph Edward Lee, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Cargill Ferrous Intern.

Christopher O. Davis (argued), Phelps Dunbar, New Orleans, LA, for Serene Sky Shipping Inc.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and HUDSPETH, District Judge.

CLEMENT, Circuit Judge:

A vessel owner appeals the district court's denial of its motion to compel arbitration and stay litigation between itself and a shipper, where the vessel owner had chartered the vessel to a time charterer and the time charterer had, in turn, chartered the vessel to the shipper.1 The shipper cross-appeals the district court decisions dismissing its bailment claim against the vessel operator and granting a motion...

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