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DU PONT DE NEMOURS INTERNATIONAL v. MORMACVEGA

68 Civ. 3102.

312 F.Supp. 322 (1970)

DU PONT DE NEMOURS INTERNATIONAL S.A. and E. I. Du Pont De Nemours & Co., Inc., Plaintiffs, v. S.S. MORMACVEGA, her engines, boilers, etc. and Moore-McCormack Lines, Inc., Defendant.

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

May 14, 1970.

Attorney(s) appearing for the Case

Hill, Rivkins, Warburton, McGowan & Carey, New York City, for plaintiffs, J. Edwin Carey, New York City, of counsel.

Browne, Hyde & Dickerson, New York City, for defendant, John H. Reilly, Jr., New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is a motion by plaintiffs for summary judgment pursuant to Rule 56, Fed. R.Civ.P.

It appears that plaintiffs shipped two containers containing drums of teflon from the Port of New York to northern Europe on board the S.S. MORMACVEGA under a clean bill of lading which gave no notice that the containers were to be carried as deck cargo. The containers were stowed on deck and washed overboard in rough weather during...

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