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INCONTRADE, INC. v. OILBORN INTERNATIONAL, S. A.

No. 75 Civ. 3780-LFM.

407 F.Supp. 1359 (1976)

INCONTRADE, INC., Plaintiff, v. OILBORN INTERNATIONAL, S. A., a/k/a Oilborn Shipping Co., Inc., Defendant.

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

February 12, 1976.

Attorney(s) appearing for the Case

Healy & Baillie, New York City, for defendant, by John Koster, New York City.

Coudert Brothers, New York City, for plaintiff, by Samuel Nakasian, New York City.

OPINION

MacMAHON, District Judge.

Plaintiff attached defendant's bank account on August 13, 1975 and now moves to prove grounds of attachment. Defendant cross-moves to vacate the attachment and to dismiss, or, alternatively, to stay the proceedings pending arbitration.

Plaintiff claims breach of a charter party agreement by defendant to transport fuel from Ghana to plaintiff's tanks in Salem, Massachusetts. Plaintiff asserts that when the ship arrived...

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