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CAPE FLATTERY LTD. v. TITAN MARITIME LLC

Civil No. 08-00482 JMS/KSC.

607 F.Supp.2d 1179 (2009)

CAPE FLATTERY LIMITED, Plaintiff, v. TITAN MARITIME LLC dba Titan Salvage, A Crowley Company, Defendant.

United States District Court, D. Hawai`i.

March 19, 2009.

Attorney(s) appearing for the Case

Duane R. Miyashiro, Erika L. Lewis, Nenad Krek, Steven M. Egesdal, Carlsmith Ball, Honolulu, HI, Eugene J. O'Connor, Chalos O'Connor & Duffy LLP, Port Washington, NY, for Plaintiff.

Albert E. Peacock, III, Keesal Young & Logan, Long Beach, CA, John R. Lacy, Goodsill Anderson Quinn & Stifel LLLP, Honolulu, HI, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO COMPEL ARBITRATION

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

Plaintiff Cape Flattery Limited ("Plaintiff") alleges that Defendant Titan Maritime, LLC dba Titan Salvage, a Crowley Company ("Defendant") was grossly negligent in salvaging Plaintiff's boat, the M/V CAPE FLATTERY ("the Vessel"), and seeks indemnity or contribution from Defendant under the Oil and Pollution Act...

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