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KEYTRADE USA, INC. v. AIN TEMOUCHENT M/V

No. 04-30370.

404 F.3d 891 (2005)

KEYTRADE USA, INC., Plaintiff-Appellee, v. AIN TEMOUCHENT M/V, in rem; et al., Defendants, Societe Nationale de Transports Maritime & Compagnie Nationale Alberienne de Navigation Maritime, in personam, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 2005.

Attorney(s) appearing for the Case

Andrew S. de Klerk (argued), Kris Elliott, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Plaintiff-Appellee.

Peter Brooks Sloss, John Herr Musser, V (argued), Murphy, Rogers & Sloss, New Orleans, LA, for Defendant-Appellant.

Before JOLLY, DAVIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

We must address whether a bill of lading incorporates a voyage charter's arbitration clause. We hold that it does, and reverse and remand with instructions to compel arbitration.

I.

A misguided and fateful shipment of urea set in motion a series of events that culminated in this appeal. Societe Nationale de Transports Maritimes & Compagnie Nationale Algerienne de Navigation Maritime ("CNAN") is the owner of...

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