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MITSUI & CO. (U.S.A.) v. TOKO KAIUN KABUSHIKI KAISHA

Civ. A. No. 70-H-206.

342 F.Supp. 14 (1972)

MITSUI & CO. (U.S.A.), Inc., Plaintiff, v. TOKO KAIUN KABUSHIKI KAISHA, Defendant and Third-Party Plaintiff, v. TEXPORTS STEVEDORE COMPANY, Inc., Third-Party Defendant.

United States District Court, S. D. Texas, Houston Division.

April 11, 1972.

Attorney(s) appearing for the Case

Robert A. Feltner, Houston, Tex., for plaintiff.

J. E. Davey, Eikel & Davey, Houston, Tex., for defendant and third-party plaintiff.

G. Byron Sims, Brown & Teed, Houston, Tex., for third-party defendant.

MEMORANDUM OPINION

CARL O. BUE, Jr., District Judge.

On July 31, 1968, a cargo of steel pipe was loaded on board the M/V MARITIME LEADER at the Port of Wakayama, Japan, for shipment to Houston, Texas. In connection with such shipment Toko Kaiun Kabushiki Kaisha (Toko), the voyage charterer of the M/V MARITIME LEADER, issued to the shipper, Mitsui & Co., Ltd. (Mitsui), its bills of lading Nos. WH-63 through 66. On the face of each bill of lading was printed...

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