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IN THE MATTER OF TRANSPORTACION MARITIMA MEXICANA, S.A. v. COMPANHIA de NAVEGACAO

No. 83 Civ. 5060-CSH.

636 F.Supp. 474 (1983)

In the Matter of the Arbitration between TRANSPORTACION MARITIMA MEXICANA, S.A., and COMPANHIA de NAVEGACAO LLOYD BRASILEIRO.

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

July 26, 1983.

Attorney(s) appearing for the Case

Burlingham, Underwood & Lord, New York City, for plaintiff.

Crowell, Rouse & Varian, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The petition of Transportacion Maritima Mexicana, S.A. ("TMM") for an order directing a consolidated arbitration of certain disputes it has with Companhia de Navegacao Lloyd Brasileiro ("LB") is denied.

TMM's basic tenet is that "LB was not entitled to limit the scope of the arbitration provision" when it responded, in its telex of August 24, 1982, to TMM's August 23 demand for arbitration. Burrell...

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