Legal Opinion
Commercial Metals Company v. International Union Marine Corporation
District Court, S.D. New York
Decided November 4, 1970No. 67 Civ. 4702PublishedCited by 5 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In this claim by a charterer against a shipowner for breach of a charter party contract, which is presently the subject of an arbitration proceeding, see 294 F.Supp. 570 (S.D.N.Y.1968), defendant has moved pursuant to 9 U.S.C. § 7 and Rule 45(b), F.R.Civ.P., to vacate and quash a subpoena duces tecum issued by the arbitrators directing it to produce certain records showing profits earned by it from its alleged wrongful use of the ship during the period when it was under charter to plaintiff. For the reasons stated below the motion is denied.
In the first place we…
2Cases cited6 opinions
- The AdaCourt of Appeals for the Second Circuit · 1918
- Commercial Metals Co. v. International Union Marine Corp.District Court, S.D. New York · 1968
- The AdaDistrict Court, S.D. New York · 1916
- In re the Arbitration between Transpacific Transport Corp. & Sirena Shipping Co., S. A.Appellate Division of the Supreme Court of the State of New York · 1959
- Perry v. The Port AdelaideDistrict Court, E.D. New York · 1893
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3Cited by5 opinions
- Burton v. BushCourt of Appeals for the Fourth Circuit · 1980
- Integrity Insurance v. American Centennial InsuranceDistrict Court, S.D. New York · 1995
- City of Dearborn v. Freeman-Darling, IncMichigan Court of Appeals · 1982
- Burton v. BushCourt of Appeals for the Fourth Circuit · 1980
- Stroemer v. ShevinDistrict Court, S.D. Florida · 1973