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TOYOMENKA, INC. v. S. S. TOSAHARU MARU

Nos. 71 Civ. 656, 71 Civ. 1351.

392 F.Supp. 450 (1974)

TOYOMENKA, INC., Plaintiff, v. S. S. TOSAHARU MARU, her engines, boilers, etc. v. YAMASHITA-SHINNIHON STEAMSHIP CO., LTD., d/b/a Y. S. Line, Defendant and Third-Party Plaintiff, v. INTERNATIONAL TERMINAL OPERATING CO., INC., and McRoberts Protective Agency, Inc., Third-Party Defendants. MARUBENI-IIDA (AMERICA), INC., and Murilspun Ltd., Plaintiffs, v. S. S. TOSAHARU MARU, her engines, boilers, etc., v. YAMASHITA-SHINNIHON KISEN K.K. et al., Defendants. YAMASHITA-SHINNIHON STEAMSHIP CO., LTD., Third-Party Plaintiff, v. INTERNATIONAL TERMINAL OPERATING CO., INC., and McRoberts Protective Agency, Inc., Third-Party Defendants.

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

August 7, 1974.

Attorney(s) appearing for the Case

Vincent, Berg & Russo, New York City, for plaintiff Toyomenka, Inc., by Stephen A. Frank, New York City, of counsel.

Hill, Rivkins, Warburton, New York City, for plaintiffs Marubeni-Iida (America), Inc. and Murilspun Ltd., by Leo P. Cappelletti, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for Yamashita-Shinnihon, Ltd., defendant and third-party plaintiff, by Harold V. Highan, Richard H. Sommer, New York City, of counsel.

Hill, Betts & Nash, New York City, for third party defendant International Terminal Operating Co., Inc., by Michael J. Ryan, New York City, of counsel.

J. Robert Morris, New York City, for third party defendant McRoberts Protective Agency, Inc., by Henry E. Gorayeb, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

These two consolidated actions were tried to the Court sitting in admiralty, as both involve the loss of certain goods shipped on the S.S. Tosahura Maru which arrived from Japan at Pier 6, Brooklyn, on or about July 27, 1970. Plaintiff Toyomenka, Inc. (hereinafter "Toyomenka") asserts a claim for the non-delivery of 12 cartons of woolen piece goods shipped under bill of lading YN-133, and 16 cartons of woolen piece...

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