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PETITION OF STEAMSHIP COMPANY

167 F.Supp. 189 (1958)

Petition of the STEAMSHIP COMPANY OF 1949, Inc., for an order permanently enjoining Thomas J. Fitzgerald, the Public Administrator for the County of New York, from arbitrating any and all disputes arising under the Charter Party dated January 5, 1951 between Pierre Atychides and the Steamship Company of 1949, Inc. Petition of Thomas I. FITZGERALD, as Administrator of the Goods, Chattels and Effects of Pierre Atychides, deceased, for an order directing Steamship Company of 1949, Inc. to proceed to arbitration in accordance with the terms of its written agreement with said decedent.

United States District Court S. D. New York.

October 27, 1958.

Attorney(s) appearing for the Case

Zock, Petrie, Sheneman & Reid, New York City, Francis J. O'Brien, New York City, James D. Hanlon, New York City, of counsel, for Steamship Company of 1949, Inc.

Edward V. Loughlin, New York City, Hill, Betts & Nash, New York City, Donald B. Allen, New York City, of counsel, for petitioner Thomas I. Fitzgerald.

SUGARMAN, District Judge.

Thomas I. Fitzgerald, the Public Administrator for the County of New York, moves for an order directing Steamship Company of 1949, Inc., to arbitrate a claim allegedly arising in favor of the Public Administrator's intestate, Pierre Atychides, through respondent's breach of a charter party.

Respondent cross moves for an order enjoining movant from proceeding to arbitration on three grounds, viz.: "1. The petitioner is not a proper...

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