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PHILIP MORRIS, INCORPORATED v. SUN LEASING COMPANY

No. 71 Civ. 2754.

371 F.Supp. 1233 (1974)

PHILIP MORRIS, INCORPORATED, Plaintiff, v. SUN LEASING COMPANY and Transamerican Trailer Transport, Inc., Defendants. TRANSAMERICAN TRAILER TRANSPORT, INC., Third-Party Plaintiff, v. TRANSOCEAN GATEWAY TERMINAL, INC., Third-Party Defendant.

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

March 4, 1974.

Attorney(s) appearing for the Case

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

Hill, Rivkins, McGowan & Carey, New York City, for defendants Sun Leasing Co. and Transamerican Trailer Transport, Inc.; Robert J. Ryniker, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for third-party defendant; M. E. DeOrchis, Brian D. Starer, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

This action arises out of the alleged theft of a trailer containing cigarettes while it was in custody of defendant Transamerican Trailer Transport, Inc. (TTT) awaiting loading on a vessel for shipment to Puerto Rico. TTT, as third-party plaintiff, sues Transocean Gateway Terminal, Inc. (Transocean) as third-party defendant. The shipment was on Transocean's loading dock at the time of the alleged theft. Simultaneously with...

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