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MARCRAFT CLOTHES, INC. v. M/V KUROBE MARU

No. 83 Civ. 2964 (ADS).

575 F.Supp. 239 (1983)

MARCRAFT CLOTHES, INC., Plaintiff, v. M/V "KUROBE MARU", her engines, boilers, etc., v. MITSUI O.S.K. LINES, LTD. and Nippon Yusen Kaisha (NYK Line), Defendants.

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

November 30, 1983.

Attorney(s) appearing for the Case

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

Kirlin, Campbell & Keating, New York City, for defendants; Armand M. Pare, Jr., William Xanttopoulos, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

The Second Circuit has often interpreted the term "package" in section 4(5) of the Carriage of Goods by Sea Act of 1936 (COGSA), 46 U.S.C. § 1304(5), by which "Congress intended to foster certainty and security in the shipping business." Allied International American Eagle v. S.S. Yang Ming, 672 F.2d 1055, 1057 (2d Cir. 1982). But "pockets of legitimate disagreement...

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