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B.S. LIVINGSTON EXPORT CORP. v. M/V OGDEN FRASER

No. 87 Civ. 8865 (RPP).

727 F.Supp. 144 (1989)

B.S. LIVINGSTON EXPORT CORPORATION, Plaintiffs, v. M/V OGDEN FRASER, et al., Defendants. OGDEN FRASER TRANSPORT, INC., Third-Party Plaintiff, v. RASCATOR MARITIME, S.A., and Dr. Miles A. Galin, Third-Party Defendants.

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

December 29, 1989.

Attorney(s) appearing for the Case

Robert E. Goldman, Peter Sullivan, Speno Goldman Goldberg Corcoran & Steingart, P.C., Mineola, N.Y., for third-party defendant, Dr. Miles A. Galin.

W. Shelby Coates, Jr., Oyster Bay, N.Y., for third-party defendant, Rascator Maritime, S.A.

M. Florence Herard, Burlingham Underwood & Lord, New York City, for third-party plaintiff, Ogden Fraser Transport, Inc.

ROBERT P. PATTERSON, Jr., District Judge.

This is a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56.

Background

On June 30, 1980, B.S. Livingston Export Corporation (Livingston) filed a complaint in the Eastern District of Louisiana seeking $9,165 in damages from Rascator Maritime, S.A. (Rascator), the M/V OGDEN FRASER and the M/V OGDEN FRASER's owner, Ogden Fraser Transport, Inc. (Ogden). In 1981, Ogden cross-claimed against...

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