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W.E. HEDGER TRANSP. CORP. v. JAMES RICHARDSON & SO

May 18, 1937

W.E. HEDGER TRANSP. CORPORATION
v.
JAMES RICHARDSON & SONS, Limited, et al.; JAMES RICHARDSON & SONS, Limited, v. W.E. HEDGER TRANSP. CORPORATION



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

The above-entitled suits come before this court on eight motions as follows:

(1) In Hedger v. Richardson, a motion by Hedger for a severance pursuant to admiralty rule 17-A and 29 of this court.

 (2) In Hedger v. Richardson, a motion by Richardson for an order referring all matters in dispute to arbitration.

 (3) In Richardson v. Hedger, a motion by Richardson for an order referring all matters in dispute to arbitration.

 (4) In Richardson. Hedger, a motion by Hedger for an order striking out the first cause of action of the cross-libel.

 (5) In Richardson v. Hedger, a motion by Hedger striking out the libel as a cross-libel to the suit of Hedger v. Richardson.

 (6) In Richardson v. Hedger, a hearing on Hedger's exceptions to the libel.

 (7) In Hedger v. Richardson, a motion by O'Connor and Malloch and Canadian Bank of Commerce to join in motion made by Richardson for an order directing that disputes be referred to arbitration.

 (8) In Richardson v. Hedger, a motion by Richardson for an order directing Hedger to post security pursuant to rule 50.

 The grain in question was shipped pursuant to an agreement in writing dated September 24, 1936, between W. E. Hedger Transportation Corporation, owner or agents and James Richardson & Sons, Limited, Charterers.

 That agreement among other things provided:

 "Subject to New York Produce Exchange Canal Grain Charter Party No. 1, as amended -- Except -- About 500,000 Bushels subject to storage rate of 1/40 cent per Bushel per day, after free time, with a minimum guaranteed storage period of thirty days.

 "About 500,000 Bushels to be subject to storage rate of 1/40 cent per bushel per day, after free time, with option to both Owners or Agents and Charterers, after arrival Grain at New York to declare the usual terms as to storage -- Option must be agreeable to both Owners or ...


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