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BIRD v. S. S. FORTUNA

No. 64-7.

232 F.Supp. 690 (1964)

Frank W. BIRD and Russell H. Smith, d/b/a Smith & Bird, v. S. S. FORTUNA, her engines, boilers, etc., Norton Line, Norton, Lilly & Company, Inc., and Stockholms Rederi A/B Svea and Wiggin Terminals, Inc. S. S. FORTUNA, her engines, boilers, etc., Norton Line, Norton, Lilly & Company, Inc., and Stockholms Rederi A/B Svea v. WIGGIN TERMINALS, INC.

United States District Court D. Massachusetts.

June 8, 1964

Attorney(s) appearing for the Case

John T. Bowes, Boston, Mass., for libellant.

John M. Reed, Withington, Cross, Park & McCann, Boston, Mass., for respondent Wiggin Terminals, Inc.

Leo F. Glynn, Boston, Mass., for respondents S. S. Fortuna, her engines, boilers, etc., Norton Line, Norton, Lilly & Company, Inc., and Stockholms Rederi A/B Svea.

SWEENEY, Chief Judge.

This libel was brought by the consignee of certain goods (Smith & Bird) against the ship, her owners and operators (hereinafter referred to in the singular as Norton Line) and against the pier operator (Wiggin) to recover for damage to the goods. The respondents Norton Line filed a cross libel against Wiggin for indemnity of any sums for which they may be liable to Smith & Bird. Wiggin filed exceptions to the jurisdiction of both libels...

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