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FIDELIS FISHERIES v. THORDEN

142 F.Supp. 798 (1956)

FIDELIS FISHERIES, Limited, Libelant, v. Gustaf B. THORDEN, THE KRISTINA THORDEN, her engines, hull, tackle, cargo and her appurtenances thereof, Claimant-Respondent.

United States District Court S. D. New York.

June 28, 1956.

Attorney(s) appearing for the Case

Alexander & Ash, New York City (Edward Ash, New York City, of counsel), for libelant.

Haight, Gardner, Poor & Havens, New York City (John C. Moore and Thomas R. H. Howarth, New York City, of counsel), for claimant-respondent.

THOMAS F. MURPHY, District Judge.

Libelant claims damages because of spoilage of a large part of a cargo of fresh caviar shipped aboard respondent's vessel Kristina Thorden on a voyage from Stockholm to New York. The spoilage was occasioned, according to libelant, by respondent's failure to maintain the below freezing temperature stipulated in the bills of lading.

A host of factual issues have been raised but need not be decided since the undisputed facts...

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