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KURT ORBAN COMPANY v. S/S CLYMENIA

No. 69 Civ. 3381.

318 F.Supp. 1387 (1970)

KURT ORBAN COMPANY, Inc., Plaintiff, v. S/S CLYMENIA, her engines, boilers, tackle, etc., the Broken Hill Proprietary Company, Limited, Union Navale, Defendants.

United States District Court. S. D. New York.

October 20, 1970.

Attorney(s) appearing for the Case

Yorkston W. Grist, New York City, for plaintiff.

Wilson & Walker, New York City, for defendants.

TENNEY, District Judge.

Defendant Union Navale, a French corporate entity (hereinafter referred to as "Union"), the owner of S/S CLYMENIA, moves herein for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure or, in the alternative, to stay further proceedings on the admiralty and maritime claim pending arbitration pursuant to Title 9, U.S.C. § 3. The relevant facts are not in dispute1 and, briefly stated,...

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