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TAIYO AMERICAS, INC. v. HONEY TRANSPORT, INC.

No. 78 Civ. 414 (RLC).

464 F.Supp. 1249 (1979)

TAIYO AMERICAS, INC., Plaintiff, v. HONEY TRANSPORT, INC., Seafood Haven, Inc. and Vernon West, Defendants.

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

February 1, 1979.

Attorney(s) appearing for the Case

Sage, Gray, Todd & Sims, New York City, by Francis X. Sexton, Jr., and William J. Royal, Jr., New York City, for plaintiff.

Townsend, Rabinowitz, Pantaleoni & Valente, New York City, by Francis L. Valente, Jr., New York City, for defendants.

OPINION

ROBERT L. CARTER, District Judge.

This case concerns the imposition of liability for the loss of a cargo of frozen shrimp. The plaintiff shipper, Taiyo Americas, Inc. ("Taiyo"), has asserted four causes of action against the parties involved in transporting the goods. The motions currently before the court involve the single federal claim, which is based on the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11). Taiyo has sought...

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