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CENTRAL TRADING CORPORATION v. M.V. "DONG MYUNG"

No. 71 Civ. 1545.

361 F.Supp. 302 (1973)

CENTRAL TRADING CORPORATION, Plaintiff, v. M.V. "DONG MYUNG" her engines, etc., et al., Defendants.

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

As Corrected August 2, 1973.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff. Daniel A. Sullivan, New York City, of counsel.

Cichanowicz & Callan, New York City, for defendants. Michael J. Ryan, New York City, of counsel.

OPINION

WHITMAN KNAPP, District Judge.

This action has been submitted to the court to determine whether the plaintiff-shipper or defendant-common carrier must bear the loss resulting from cargo damage suffered while the cargo was being carried by barge from the ship to the dock. The parties have stipulated what they deem the material facts. In substance those facts are as follows:

The shipper contracted with the carrier to transport 602 bales of...

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