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AMSTAR CORP. v. SS ALEXANDROS

No. 77 Civ. 1524 (KTD).

457 F.Supp. 717 (1978)

AMSTAR CORPORATION, Plaintiff, v. SS ALEXANDROS, her engines, boilers, etc., Nava Shipping Co., Ltd. and Marine Trading, Ltd., Defendants. MARINE TRADING, LTD., Third-Party Plaintiff, v. SUGAR CHARTERING, INC., Third-Party Defendant.

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

September 1, 1978.

Attorney(s) appearing for the Case

Atkins, Weymar & McDonald, New York City, for plaintiff; Joseph B. McDonald, New York City, of counsel.

Healy & Baillie, New York City, for defendant Marine Trading, Ltd.; Walter I. Skinner, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff Amstar Corporation brings this action for damages and shortage to a bulk shipment of sugar carried aboard the M. V. Alexandros T against the ship, her owners and various parties who had chartered the vessel. The action is posited under the Carriage of Goods by Sea Act 46 U.S.C. § 1300 et seq.

The defendant, Marine Trading, Ltd. has moved pursuant to 12(b) of the Federal Rules of Civil...

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