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SUPERIOR SHIPPING COMPANY v. TACOMA ORIENTAL LINE, INC.

No. 66 Civ. 3787.

274 F.Supp. 25 (1967)

In the Matter of the Arbitration between SUPERIOR SHIPPING COMPANY, owners of the S.S. ASPRONISOS, Petitioner, and TACOMA ORIENTAL LINE, INC., as Charterers under Charter Party dated April 11, 1966, Respondent.

United States District Court S. D. New York.

April 18, 1967.

Attorney(s) appearing for the Case

Poles, Tublin, Patestides & Stratakis, by Theodore P. Daly, New York City, for petitioner.

Bigham, Englar, Jones & Houston, by Sheldon A. Vogel, New York City, for respondent.

CANNELLA, Justice.

Proceeding to compel the respondent to proceed to arbitration, is dismissed.

This proceeding came before this court as a motion on December 20, 1966. Since there was a serious question concerning the existence of a written contract containing the arbitration clause upon which the petitioner relies, the court, on February 1, 1967, pursuant to 9 U.S.C. § 4 ordered an immediate trial of this issue. The trial commenced on February 3, 1967...

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