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EMPIRE STEVEDORING CO. v. OCEANIC ADJUSTERS, LTD.

No. 69 Civ. 3310.

315 F.Supp. 921 (1970)

EMPIRE STEVEDORING CO., Ltd., Plaintiff, v. OCEANIC ADJUSTERS, LTD., Arthur L. Liman, as Successor Trustee Under Chapter X of the Bankruptcy Act of A. H. Bull Steamship Co., as owner of the STEAMSHIP BEATRICE, Defendants.

United States District Court, S. D. New York.

September 2, 1970.

Attorney(s) appearing for the Case

Foley, Grainger & Darby, New York City, for plaintiff by Joseph Grainger, and Robert P. Whelan, New York City, of counsel.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendants, by Stuart Robinowitz and Steven B. Rosenfeld, New York City, of counsel.

OPINION

POLLACK, District Judge.

The parties have cross-moved for summary judgment. These motions present a novel and important question going to the interaction of the Bankruptcy Act with the maritime doctrine of general average. The question here resolved is whether a stevedore hired to aid a stricken ship is entitled to an equitable claim against the contributions made by cargo interests for general average purposes where the shipowner has become bankrupt...

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