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AETNA INS. CO. v. S.S. ORTIGUERA

No. 82 Civ. 3405-CLB.

583 F.Supp. 671 (1984)

AETNA INSURANCE COMPANY, Plaintiff, v. S.S. ORTIGUERA, etc., Compania Gijonesa De Navegacion, S.A. and New Haven Terminal, Inc., Defendants, v. COMPANIA GIJONESA DE NAVEGACION, S.A., Third Party Plaintiff, v. NEW HAVEN TERMINAL, INC. and Merkinta S.A., Third-Party Defendants.

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

February 22, 1984.

Attorney(s) appearing for the Case

Harold M. Kingsley, Randal D. Pratt, New York City, for plaintiff.

Henry Billingsley, II, Walker & Corsa, New York City, for defendant Compania, S.S. Ortiguera, etc.

Douglas Franklin, McHugh, Leonard & O'Conor, New York City, for defendant New Haven.

Marc Pergament, Shaw, Goldman & Licata, Garden City, N.Y., for intervenor Sider Ventures & Services Corp.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

In this action plaintiff insurer, Aetna Insurance Co., having paid an insurance claim for damage to a steel flat bar shipment carried by the defendant vessel S.S. ORTIGUERA, sues, as a subrogee, the defendant stevedore, New Haven Terminal, Inc. The vessel and her owners have filed a Third Party Complaint against New Haven Terminal, Inc., the stevedore, at the port of discharge.

The defendant and third...

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