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ATLANTIC BANANA COMPANY v. M.V. "CALANCA"

No. 66 A.D. 673.

342 F.Supp. 447 (1972)

ATLANTIC BANANA COMPANY, Plaintiff, v. M.V. "CALANCA", her engines, boilers, etc., and St. Gotthards Schiffahrts A.G., Defendants.

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

March 30, 1972.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff; Vincent L. Leibell, Jr., Robert J. Williams, New York City, of counsel.

Hill, Betts & Nash, New York City, for defendants; Donald B. Allen, Stephen J. Murray, New York City, of counsel.

OPINION

BRIEANT, District Judge.

This cause was tried before the Court, without a jury, on December 21, 1971, and has been fully briefed.

The complaint, verified June 24, 1966, was filed by Atlantic Banana Company, a Florida corporation, suing in its own behalf, and for the benefit of Pan American Fruit Company, for which it acted as agent in connection with the shipment of bananas from Puerto Bolivar, Ecuador, and, more specifically, as agent in...

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