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GARANTI FINANSAL KIRALAMA v. AQUA MARINE & TRADING

Docket Nos. 11-631-cv(L), 11-3360(con).

697 F.3d 59 (2012)

GARANTI FINANSAL KIRALAMA A.S., Plaintiff-Appellant, v. AQUA MARINE AND TRADING INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 2, 2012.

Attorney(s) appearing for the Case

Joseph Francis De May, Jr. , Cichanowicz, Callan, Keane, Vengrow & Textor, LLP, New York, NY, for Plaintiff-Appellant.

William Robert Bennett, III , Bennett, Giuliano, McDonnell & Perrone, LLP, New York, NY, for Defendant-Appellee.

Before: PARKER, HALL, WALLACE, Circuit Judges.

HALL, Circuit Judge:

Plaintiff-Appellant Garanti Finansal Kiralama A.S. ("GFK") appeals from the district court's dismissal of its action for a declaratory judgment that it was not contractually bound to arbitrate with Defendant-Appellee Aqua Marine & Trading, Inc. ("AM"). Concluding that the district court prematurely resolved disputed factual issues, we vacate the district court's judgment that dismisses the case and...

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