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WESTWAY COFFEE CORP. v. M.V. NETUNO

80 CIV 332 (LBS).

528 F.Supp. 113 (1981)

WESTWAY COFFEE CORPORATION, Plaintiff, v. M.V. NETUNO, her engines, boilers, etc., v. COMPANHIA DE NAVEGACAO MARITIMA NETUMAR, Defendants.

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

September 15, 1981.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff; John E. Cone, Jr., Helen M. Benzie, William R. Connor, III, New York City, of counsel.

Cichanowicz & Callan, New York City, for defendants; Michael J. Carcich, Joseph F. DeMay, New York City, of counsel.

OPINION

SAND, District Judge.

This case involves the mysterious disappearance of 419 cartons of instant coffee from a sealed container, consigned to plaintiff from Brazil to New York on the M.V. Netuno. A trial to the Court has been held and this opinion constitutes the Court's findings of fact and conclusions of law.

FACTS

Plaintiff Westway Coffee Corporation placed an order for 1710 cartons of instant coffee from Dominium, S.A. of Sao...

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