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FIRESTONE TIRE & RUBBER CO. v. AMERICAN PRESIDENT LINES, LTD.

No. 66 Civ. 793.

266 F.Supp. 76 (1966)

The FIRESTONE TIRE & RUBBER COMPANY, Inc. and Firestone Tire & Rubber Company of the Philippines, Plaintiffs, v. AMERICAN PRESIDENT LINES, LTD., et al., Defendants.

United States District Court S. D. New York.

August 30, 1966.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, for plaintiffs, A. Vernon Carnahan, Peter J. Gartland, John H. Wilkinson, New York City, of counsel.

Elkan Turk, Jr., New York City, for moving defendants, Burlingham, Underwood, Barron, Wright & White, New York City, Henry F. Minnerop, New York City, of counsel.

WYATT, District Judge.

This is a motion by all defendants (except one) for a stay of proceedings herein (a) until final determination of a proceeding which (it is claimed) plaintiffs ought to institute before the Federal Maritime Commission (the "Commission"), or (b) until final determination of proceedings (No. 672) before the Commission which resulted in its order made July 28, 1965, now on review in the Court of Appeals for the Fifth Circuit.

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