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IN THE MATTER OF J. E. HURLEY LUMBER COMPANY

148 F.Supp. 144 (1957)

In the Matter of the Arbitration between J. E. HURLEY LUMBER COMPANY, as voyage charterers of Steamship THE UNION MARINER and COMPANIA PANEMENA MARITIMA SAN GERASSIMO, S. A., as owners or chartered owners of Steamship Union Mariner under voyage charter of August 23, 1955.

United States District Court S. D. New York.

January 18, 1957.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for Compania Panemena Maritima San Gerassimo, S. A.

Burlingham, Hupper & Kennedy, New York City, for charterer.

EDELSTEIN, District Judge.

The shipowner has moved to enjoin arbitrators from further proceedings in connection with an arbitration between it and the charterer, the J. E. Hurley Lumber Company. The charter party had been entered into through a firm of brokers and it required the owner to lift "a full and complete cargo of about 2,500,000 board feet of lumber * * *". The owner lifted 187,492 board feet short of 2,500,000. The arbitration clause of the charter party...

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