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INTERNATIONAL HARVESTER CO. v. TFL JEFFERSON

No. 85 Civ. 1606 (JES).

695 F.Supp. 735 (1988)

INTERNATIONAL HARVESTER CO., Plaintiff, v. TFL JEFFERSON, her engines, boilers, etc. and P & O Strath Services, Ltd., Defendant.

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

September 21, 1988.

Attorney(s) appearing for the Case

Walker & Corsa, New York City, for plaintiff; Hollis M. Walker, Lenore E. McQuilling, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant; J. Scot Provan, of counsel.

OPINION AND ORDER

SPRIZZO, District Judge:

In this admiralty action, plaintiff International Harvester Company seeks recovery for damages it sustained for nonpayment of a shipment of offset disk harrows. Plaintiff has moved for summary judgment, alleging that defendant P & O Strath Services, Ltd. ("P & O Strath") breached the contract of carriage and statutory duties by delivering the merchandise to the consignee without obtaining surrender of the...

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