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CANADIAN REFRACTORIES, ETC. v. S. S. HELLENIC NAV.

No. 77 Civ. 5027 (RWS).

452 F.Supp. 926 (1978)

CANADIAN REFRACTORIES DIVISION OF DRESSER INDUSTRIES, INC., Robbins, Fleisig Forwarding, Inc. and Joshua Olsha, d/b/a J. H. Textile, Plaintiffs, v. S. S. HELLENIC NAVIGATOR, her engines, boilers, etc. and Hellenic Lines, Limited, Defendants.

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

July 6, 1978.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for plaintiffs; by Allan G. Bowdery, Martin B. Mulroy, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendants; by Chester D. Hooper, Nicholas H. Cobbs, New York City, of counsel.

OPINION

SWEET, District Judge.

This action has been brought as an admiralty claim within the meaning of Rule 9(h), Fed.R.Civ.P., for breach of a maritime contract. The plaintiff seeks to recover the cost of cargo lost when a section of defendant's pier collapsed. Defendant counterclaims for the cost of repairing its pier.

Plaintiff delivered, via several trucks and over a period of three days, 282 bales of secondhand cotton piece goods and 125 pallets...

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