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UTICA MUT. INS. CO. v. PORT CARGO MOTOR LINES

78 Civ. 2961 (RWS).

478 F.Supp. 351 (1979)

UTICA MUTUAL INSURANCE COMPANY, Plaintiff, v. PORT CARGO MOTOR LINES, INC., Defendant.

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

As Amended November 30, 1979.

Attorney(s) appearing for the Case

Schindel & Cooper, New York City, for plaintiff.

Milton Thurm, New York City, for defendant.

OPINION

SWEET, District Judge.

In this action for summary judgment brought pursuant to Fed.R.Civ.P. 56, plaintiff, a New York corporation, seeks to recover the value of certain shipments which were given to defendant, a New Jersey corporation, for delivery to various consignees. Jurisdiction is based on diversity of citizenship.

The following facts are not in dispute. Plaintiff's insured, M & M Transportation Company (M & M), is a common...

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