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ODFJELL ASA v. CELANESE AG

No. 04 Civ. 1758(JSR).

328 F.Supp.2d 505 (2004)

ODFJELL ASA, Odfjell USA, Inc., Odfjell Seachem as, Jo Tankers as, Jo Tankers Bv, and Jo Tankers, Inc., Plaintiffs, v. CELANESE AG, Celanese, LTD., and Millennium Petrochemicals, Inc., Defendants.

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

August 5, 2004.

Attorney(s) appearing for the Case

Paul Adam Engelmayer, Esq., Wilmer, Cutler & Pickering, Richard Leaster Jarashow, McGuireWoods LLP, New York City, Steven F. Cherry, Esq., Joseph J. Samarias, Esq., Wilmer, Cutler & Pickering, McLean, VA, Richard J. Rappaport, McGuireWoods LLP, Chicago, IL, for Plaintiffs.

Daniel J. Fetterman, Esq., Harold G. Levison, Esq., Hector Torres, Esq., Kasowitz, Benson, Torres & Friedman, New York City, for Defendants.

MEMORANDUM

RAKOFF, District Judge.

By Order dated May 28, 2004, the Court denied a motion of the defendants for an order compelling non-party Hendrikus van Westenbrugge to comply with two subpoenae issued by the chief arbitrator presiding over a related arbitration currently pending between, inter alia, the plaintiffs and defendants in this case. This Memorandum elaborates the reasons for the May 28, 2004 Order.

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