[DOWNLOAD] "Lowry & Co. v. D'Iberville" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Lowry & Co. v. D'Iberville
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 31, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The endorsee of bills of lading for a sugar cargo libelled respondent's ship for damage to the cargo in carriage. Respondent moved in the alternative for dismissal of action or stay pending arbitration pursuant to provisions of the charter party incorporated by reference in the bills of lading. The District Court for the Southern District of New York, Edward Weinfeld, Judge, granted a stay pending arbitration, 253 F. Supp. 396, and libelant appealed. We hold the order not appealable and dismiss the appeal. Both parties urge us to hold this order appealable. Libelant seeks reversal of the order for stay, impliedly ordering arbitration, and respondent, although it filed no cross appeal, seeks to narrow the scope of the arbitration. We find it impossible to reach the merits because of the limitations on our appellate jurisdiction, and must dismiss the appeal. 28 U.S.C. § 1291 grants us jurisdiction over final decisions of the district courts. 28 U.S.C. § 1292(a) (3) grants us jurisdiction over appeals from ""Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed."" Neither of these provisions by its terms covers the instant appeal, and the courts have consistently given them a narrow construction. Federal policy, as distinguished from that followed by some state judicial systems, is against piecemeal appeals. Switzerland Cheese Ass'n v. E. Horne's Market, Inc., 385 U.S. 23, 87 S. Ct. 193, 17 L. Ed. 2d 23 (1966); Chappell & Co. v. Frankel, 367 F.2d 197 (2d Cir. 1966).

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