United States Second Circuit

In action for declaratory judgment where plaintiff, a shipowner, sought a determination that it was not contractually bound to arbitrate a fuel agreement with defendant, a marine fuel supply company, judgment dismissing plaintiff’s case is vacated and the case is remanded where: 1) the treatment by the district court of the case was essentially a grant of summary judgment; 2) the exercise of admiralty jurisdiction was proper; but 3) a factual dispute remains over whether the actual fuel purchaser, a non-party, had authority to bind plaintiff to contracts with defendant.

Appellate Information

• Decided 10/02/2012
• Published 10/02/2012

Judges

• Hall

Court

• United States Second Circuit

Counsel