District Court, S.D. New York June 6, 1939 (P. Wigham-Richardson & Co. v. Continental Grain Co.)

LEIBELL, District Judge.

Libelant has filed exceptions (1) to the first special defense and (2) to the second special defense and counterclaim, pleaded in respondent’s answer [Suit A 118 — 389], The exception to the first special defense is on the ground that the arbitration clause therein referred to is not part of any agreement between libelant and respondent and is not material to any dispute