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UNI-PETROL GESELLSCHAFT, ETC. v. M/T LOTUS MARU

No. 84 Civ. 2104 (RWS).

615 F.Supp. 78 (1985)

UNI-PETROL GESELLSCHAFT FUR MINERALOEL PRODUKTE M.B.H., Plaintiff, v. M/T LOTUS MARU, her tackle, boilers, engines, etc.; Norsk Oljen A.S.; Lagon Overseas Ltd.; Ebisho Shipping KK; and Sumitomo Shintaku Ginko KK, Defendants.

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

August 12, 1985

Attorney(s) appearing for the Case

Halley & Chalos, New York City (Richard J. Deely, New York City, of counsel), for plaintiff.

Kirlin, Campbell & Keating, New York City (Arthur E. Hoffmann, Jr., Jeffrey M. Aquilante, New York City, of counsel), for defendants.

OPINION

SWEET, District Judge.

The defendant Sumitomo Shintaku Ginko KK ("Sumitomo") has moved under Rule 56, Fed.R.Civ.P. for summary judgment on the ground that Sumitomo had no possession and control of the navigation and operation of its vessel, the M/T LOTUS MARU, and that Sumitomo, as owner of the vessel M/T LOTUS MARU being operated under a demise or "bareboat" charter bears no in personam liability for loss suffered during the demise. On the...

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