CASTLE AND COOKE FOODS v. S.S. TOBIAS MAERSK

No. 76 Civ. 2656.

491 F.Supp. 1305 (1980)

CASTLE AND COOKE FOODS, A Division of Castle and Cooke, Inc., Plaintiff, v. S.S. "TOBIAS MAERSK", "Chastine Maersk", "Clara Maersk", "Thomas Maersk", "Marchen Maersk", "Monterrey", "Charlotte Maersk", "Effie Maersk", "Sally Maersk", "Lica Maersk", "Lexa Maersk", "Trein Maersk", "Leda Maersk", "Cornelia Maersk", "Marit Maersk", "Luna Maersk", their engines, etc., v. MOLLER STEAMSHIP COMPANY, A. P. Moller and Maersk Line, Defendants.

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

June 19, 1980.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff; Robert J. Phillips, Jr., Paul P. Mathews, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendants; M. E. DeOrchis, N. H. Cobbs, New York City, of counsel.


OPINION

BONSAL, District Judge.

This cargo damage action was tried to the court on January 22-25, 1980 and the parties have since filed post-trial briefs. The action involves claims of cargo damage suffered in 29 voyages on defendants' vessels involving shipments of canned pineapples being transported from Thailand to New York from mid-1973 to mid-1975. The facts which are undisputed are set forth in the Joint Pre-Trial Order filed January 18, 1980. In brief...

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