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TATLOW & PLEDGER (PTY) LTD. v. HERMANN FOR. CO.

No. 76 Civ. 2903 (KTD).

456 F.Supp. 351 (1978)

TATLOW & PLEDGER (PTY) LTD., Plaintiff, v. HERMANN FORWARDING COMPANY and Farrell Lines Incorporated, Defendants. HERMANN FORWARDING COMPANY, Defendant and Third-Party Plaintiff, v. LYONS TRANSPORT, INC., Third-Party Defendant.

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

As Amended September 5, 1978.

Attorney(s) appearing for the Case

Symmers, Fish & Warner, New York City, for plaintiff; William Warner, New York City, of counsel.

Lilly, Sullivan & Purcell, P. C., New York City, for defendant Farrell Lines Inc.; Charles E. Schmidt, New York City, of counsel.

Penzer & Sloan, New York City, for defendant and third party plaintiff Hermann Forwarding Co.; Carl R. Sloan, David H. Gendelman, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for third party defendant Lyons Transport, Inc.; Andres Runne, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

This is an action to recover for the loss of certain goods consigned to plaintiff Tatlow & Pledger (PTY) Ltd. a foreign corporation with a place of business in South Africa. Plaintiff has sued Hermann Forwarding Company ["Hermann"], the overland carrier of the goods, and Farrell Lines Incorporated ["Farrell"], the ocean carrier, claiming, in essence, that as common carriers they are responsible for the pilferage...

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