A/S Falkefjell v. Arnold Bernstein Shipping Co.

S. H. KAUFMAN, District Judge.

The cause of action alleged is for indemnity arising out of the presentation of an on-board bill of lading by respondent for goods never shipped. The previous petition of libelant against the same respondent was to compel it to arbitrate the controversy asserted in this libel. Judge Goddard, in a decision reported in Petition of A/S Falkefjell, D.C., 78 F.Supp. 282, held that the dispute did not arise out of the provisions of the charter party and was, therefore, not subject to its arbitration provisions. An order was entered dismissing the petition. The claims…