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AUSTRACAN (U.S.A.) v. NEPTUNE ORIENT LINES

No. 81 Civ. 4755-CSH.

612 F.Supp. 578 (1985)

AUSTRACAN (U.S.A.) INC., Plaintiff, v. NEPTUNE ORIENT LINES, LTD., Defendant and Third-Party Plaintiff, v. CONSOLIDATED RAIL CORP., Third-Party Defendant.

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

On Motions to Reargue and Amend June 7, 1985.

Attorney(s) appearing for the Case

McHugh, Leonard & O'Conor, New York City, for plaintiff; Douglas A. Franklin, New York City, of counsel.

Walker & Corsa, New York City, for Neptune Orient Lines, Ltd.

Michael J. Siris, New York City, for Consol. Rail Corp.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge.

In this admiralty action alleging partial loss of a shipment of canned tuna, plaintiff consignee moves for summary judgment pursuant to Rule 56, F.R.Civ.P., against defendant and third-party plaintiff ocean carrier.

Many of the relevant facts are not disputed. Plaintiff Austracan (U.S.A.) Inc. (hereinafter "Austracan"), whose office is in New York City, is an importer of canned goods. In October...

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