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SKIBS A/S GYLFE v. HYMAN-MICHAELS COMPANY

Civ. Nos. 23990, 23991, 25386 and 23964.

304 F.Supp. 1204 (1969)

SKIBS A/S GYLFE, as Successor in Interest to Tankrederiet Gefion A/S, as Owner of the MOTORSHIP GYDA, et al., Plaintiffs, v. HYMAN-MICHAELS COMPANY and Lakes Shipping & Trading Corporation, Defendants and Third-Party Plaintiffs, v. NATIONAL CARGO BUREAU, INC., Third-Party Defendant. SKIBS A/S GYLFE, as Successor in Interest to Tankrederiet Gefion A/S, as Owner of the Motorship Gyda, Plaintiffs, v. MICHIGAN FOUNDRY SUPPLY COMPANY, Inc., Defendant and Third-Party Plaintiff, v. NATIONAL CARGO BUREAU, INC., Third-Party Defendant. SKIBS A/S GYLFE, as Successor in Interest to Tankrederiet Gefion A/S, as Owner of the Motorship Gyda, et al., Plaintiffs, v. NATIONAL CARGO BUREAU, INC., and G. P. Sullivan, Defendants and Third-Party Plaintiffs, v. HYMAN-MICHAELS, Lakes Shipping & Trading Corporation, Michigan Foundry Supply Company, Inc., and Erickson Trucking Service, Third-Party Defendants. SKIBS A/S GYLFE, as Successor in Interest to Tankrederiet Gefion A/S, as Owner of the Motorship Gyda, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Michigan, S. D.

September 4, 1969.

Attorney(s) appearing for the Case

Foster, Meadows & Ballard, Detroit, Mich., Haight, Gardner, Poor & Havens, New York City, for plaintiffs.

Donald J. Miller, of Lucking, Van Auken & Miller, Detroit, Mich., Krusen, Evans & Byrne, Philadelphia, Pa., for Hyman-Michaels Co. and Lakes Shipping & Trading Corp.

Vandeveer, Haggerty, Doelle, Garzia, Tonkin & Kerr, Alexander, Buchanan & Conklin, Detroit, Mich., for Michigan Foundry Supply Co., Inc., National Cargo Bureau, Inc., and Erickson Trucking Service, Inc.

OPINION

FREEMAN, Chief Judge.

On July 8, 1961, the Norwegian Motorship Gyda, carrying a shipment of steel turnings consigned to Mitsubishi, a Japanese company, arrived in Philadelphia and was required to anchor in the explosives anchorage due to the spontaneous heating of her cargo. On July 14, unloading of the turnings commenced, and extensive fires resulted. Substantial damage was sustained by the ship as well as the cargo. As a consequence, eleven suits...

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