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MERRICK v. SEA-LAND SERVICE, INC.

Civ. No. 81-3675.

587 F.Supp. 93 (1983)

Robert L. MERRICK and Philip A. Kachinski, Plaintiffs, v. SEA-LAND SERVICE, INC., Defendant.

United States District Court, D. New Jersey.

October 3, 1983.

Attorney(s) appearing for the Case

Francis J. Dooley, Orange, N.J., and Phillips & Cappiello, New York City, for plaintiffs; Ned R. Phillips, New York City, of counsel.

Michael D. Wilson, Hoboken, N.J., for defendant; Sandra R.M. Gluck, New York City, of counsel.

MEMORANDUM

BIUNNO, Senior District Judge.

In this case plaintiffs filed a complaint to recover penalty payments under the provisions of 46 U.S.C. § 596.

Defendant moved for summary judgment under the theory of U.S. Bulk Carriers v. Arguelles, 400 U.S. 351, 91 S.Ct. 409, 27 L.Ed.2d 456 (1971) and Cady v. Twin Rivers Towing Co., 486 F.2d 1335 (CA-3, 1973).

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