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BIRD v. S. S. FORTUNA

No. 64-7-S.

250 F.Supp. 494 (1965)

Frank W. BIRD and Russell H. Smith, doing business as 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., Columbia Cornice Company, Massachusetts Port Authority, and S. Volpe & Co., Inc.

United States District Court D. Massachusetts.

March 31, 1965.

Attorney(s) appearing for the Case

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

Leo F. Glynn, Boston, Mass., for respondents and third-party libellants.

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

Harold Rosenwald, Boston, Mass., for third-party respondent Columbia Cornice Co.

Robert J. Hallisey, Bingham, Dana & Gould, Boston, Mass., for third-party respondent Mass. Port Authority.

Peter D. Cole, Boston, Mass., for third-party respondent S. Volpe & Co., Inc.

SWEENEY, Chief Judge.

The SS FORTUNA, on February 21, 1962, discharged at Castle Island Terminal, Boston, Massachusetts, a cargo of sisal which was damaged by water. As a result, the consignee (Smith & Bird) brought this action against the ship, her owners and operators (hereinafter referred to in the singular as Norton Line) and against the pier operator (Wiggin). Norton Line filed a cross libel against Wiggin for indemnity of any sums for which they may be liable...

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