Legal Opinion
A/s Custodia v. Lessin International, Inc.
Court of Appeals for the Second Circuit
Decided June 10, 1974No. 1033, Docket 74-1149PublishedCited by 51 opinions
1Per curiam
For the second time in as many years we have before us the propriety of a district court’s determination — on affidavits rather than after an evidentiary hearing — of disputed issues of fact with respect to the making of an arbitration agreement. See Interocean Shipping Co. v. National Shipping and Trading Corp., 462 F.2d 673 (2 Cir. 1972). As in In-terocean, we reverse and remand for an evidentiary hearing.
On October 5, 1973, A/S Custodia, a Norwegian corporation and the owner of the M/V Ferngrove, filed a petition in the Southern District of New York pursuant to Section 4 of the Federal…
2Cases cited4 opinions
- Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
- Interocean Shipping Company v. National Shipping and Trading Corporation and Hellenic International Shipping, S.A.Court of Appeals for the Second Circuit · 1972
- El Hoss Engineering & Transport Co., Ltd. v. American Independent Oil CompanyCourt of Appeals for the Second Circuit · 1961
- Flagg v. NicholsNew York Supreme Court · 1952
3Cited by51 opinions
- Thomson-Csf, S.A. v. American Arbitration Association, Evans & Sutherland Computer CorporationCourt of Appeals for the Second Circuit · 1995
- Cargill International S.A., and Cargill, B v. V. M/t Pavel Dybenko, Her Engines, Tackle, Etc., in Rem Novorossiysk Shipping Co., in PersonamCourt of Appeals for the Second Circuit · 1993
- United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
- Mcallister Brothers, Inc. v. A & S Transportation Co.Court of Appeals for the Second Circuit · 1980
- Deloitte Noraudit A/S v. Deloitte Haskins & Sells, U.S.Court of Appeals for the Second Circuit · 1993
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