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ASAHI AMERICA, INC. v. M/V ARILD MAERSK

No. 83 Civ. 4387 (KTD).

602 F.Supp. 25 (1985)

ASAHI AMERICA, INC., Plaintiff, v. The M/V ARILD MAERSK, her engines, boilers, etc., and A.P. Moller (Maersk Line), Defendants. and A.P. MOLLER, Third-Party Plaintiff, v. WM. McCULLOUGH TRANSPORTATION CO., INC., Third-Party Defendant.

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

January 8, 1985.

Attorney(s) appearing for the Case

Purrington, McConnell & Agus, New York City, for plaintiff; Stephen A. Agus, New York City, of counsel.

Gillen & Caliendo, New York City, for third-party defendant; Fredric P. Gallin, New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

In these days of containerized shipments moving from port-to-port and thence overland, the question of the applicability of the limitation of liability provided for in the Carriage of Goods by Sea Act ("COGSA") to the overland portion of the trip is one which has to fascinate all who are involved in admiralty law. But this case will not provide the resolution to the deep and difficult policy questions...

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