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MOORE-McCORMACK L., INC. v. SHIN MITSUBISHI HEAVY IND., LTD.

No. 70 Civ. 3511.

337 F.Supp. 513 (1971)

MOORE-McCORMACK LINES, INC., Plaintiff, v. SHIN MITSUBISHI HEAVY INDUSTRIES, LTD., Defendant.

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

August 13, 1971.

Attorney(s) appearing for the Case

Satterlee & Stephens, New York City, for plaintiff by James F. Dwyer, Henry J. Formon, Jr., Joseph Silvestri, Winona T. Read, New York City, of counsel.

Reid & Priest, New York City, for defendant by C. F. Schirmeister, S. F. Tsuchida, and J. E. Brumm, New York City, of counsel.

CROAKE, District Judge.

MEMORANDUM

This action was instituted on August 14, 1970, to recover damages suffered as a result of defendant's alleged breach of a contract to repair plaintiff's ship. Breach of warranty and the right to indemnification are also asserted. The present motion by defendant seeks summary judgment and dismissal of the complaint. It will be denied, for the reasons indicated below.

The facts, briefly, are as follows. Plaintiff...

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