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STATES STEAMSHIP CO. v. STONE MANGANESE MARINE, LTD.

Civ. A. No. 432-72.

371 F.Supp. 500 (1973)

STATES STEAMSHIP COMPANY, Plaintiff, v. STONE MANGANESE MARINE, LTD., et al., Defendants. AMERICAN SMELTING & REFINING CO., Defendant, Third-Party Plaintiff, v. AVONDALE SHIPYARDS, INC., Third-Party Defendant.

United States District Court, D. New Jersey.

December 27, 1973.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey, by David M. McCann, Newark, N. J., for plaintiff, States Steamship.

Stryker, Tams & Dill, by Walter F. Waldau, Newark, N. J., for defendant, Stone Manganese.

Pitney, Hardin & Kipp, by Richard L. Plotkin, Newark, N. J., for American Smelting, defendant-third party plaintiff.

Schumann, Hession, Kennelly & Dorment by Alan H. Kress, Jersey City, N. J., for third party defendant, Avondale Shipyards.

OPINION

LACEY, District Judge.

This is a motion for summary judgment pursuant to Rule 56(c), Fed.R. Civ.P., by defendant American Smelting and Refining Company (Asarco), a New Jersey corporation, against plaintiff States Steamship Company (States), a Nevada corporation. Asarco asserts there is no dispute as to any material fact and that it is entitled to a judgment dismissing States' claims against it, as a matter of law. After considering the affidavits...

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