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REMINGTON RAND, INC. v. AMERICAN EXPORT LINES

132 F.Supp. 129 (1955)

REMINGTON RAND, Inc., Monsanto Chemical Co., Air Conditioning Corporation, A. T. Kajiji, S. A. T. Maskati and Z. T. Kajini, copartners doing business under the firm name and style of Garlick & Co., National Theatre Supply & Export Division, National Simplex Bludworth, Inc., A. H. Gandhi, General Motors India, Ltd., Amcorp, Ltd., Ismail Mohamed, Eastern Electric & Engineering Co., A. B. Rangwalla and The Williams & Wilkins Co., v. AMERICAN EXPORT LINES, Inc. George REINHART, Werner Reinhart, Peter Reinhart and Balthasar Reinhart, copartners doing business as Volkart Brothers, S.S., White Dental Manufacturing Co., Upper India Trading Co., Ltd., Firestone Tire & Rubber Co. of India, Ltd., New Standard Chemicals Co., Ltd., American Auto Parts Co., Vishnu Cotton Mills, Ltd., Popular Book Depot, Modi Soap Works and Motor Sales Co., v. AMERICAN EXPORT LINES, Inc. N. J. KOTHARI v. AMERICAN EXPORT LINES, Inc. INTER UNION TRADERS, Ltd., and H. & B. American Machine Company, v. AMERICAN EXPORT LINES, Inc. The FAIRDEAL CORPORATION, Ltd. and Empiria Corporation, v. THE EXAMINER, her engines, boilers, etc., and American Export Lines. OMNI EXPORT CORPORATION v. THE EXAMINER, her engines, boilers, etc., and American Export Lines.

United States District Court S. D. New York.

Motion to Reopen Trial Denied June 24, 1955.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for Remington Rand, Inc. and others, F. Herbert Prem, New York City, of counsel.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for Fairdeal Corp., Limited, and others, Barton P. Ferris, New York City, of counsel.

Haight, Deming, Gardner, Poor & Haves, New York City, for respondent, James M. Estabrook and David P. H. Watson, New York City, of counsel.

RYAN, District Judge.

Libellants, each by separate suit, seek to recover for loss and damage to cargo shipped at New York in November and December, 1948 aboard the S.S. Examiner for carriage to Bombay, India; the six suits filed, alleging total cargo losses of $233,375, have been consolidated for trial.

It has been stipulated that libellants were the owners of cargo and holders of bills of lading issued therefor...

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