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INSTITUTO CUBANO DE ESTABILIZACION v. T/V FIRBRANCH

130 F.Supp. 170 (1954)

INSTITUTO CUBANO DE ESTABILIZACION DEL AZUCAR, Libelant, v. T/V FIRBRANCH, her engines, tackle, apparel, etc., and Branch Lines Limited and Southwestern Sugar and Molasses Company, Respondents.

United States District Court S. D. New York.

October 21, 1954.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, John C. Crawley, Sirius C. Cook, New York City, of counsel, for libelant.

Kirlin, Campbell & Keating, New York City, Edward L. Smith, New York City, of counsel, for respondent.

DAWSON, District Judge.

This is a motion for an order dismissing the libel herein as against respondent Branch Lines Limited and against T/V Firbranch, which appears to be owned by Branch Lines Limited, on the ground that prior to the commencement of the suit, this respondent-owner had proceeded to arbitration and, therefore, the claim of the libelant for arbitration had become moot and the Court has no jurisdiction of the proceeding or, in the alternative, staying...

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