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ORION INS. CO., PLC v. M/V HUMACAO

No. 92 Civ. 4483 (JES).

851 F.Supp. 575 (1994)

ORION INSURANCE COMPANY, PLC, as Lead Insurer, on its Own Behalf and on Behalf of the Other Insurers Subscribing to a Cargo Insurance Policy No. 90C0944, Plaintiff, v. The M/V "HUMACAO", Her Engines, Boilers, etc., in rem, Navieras De Puerto Rico, and Puerto Rico Marine Management, Inc., Defendants.

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

May 9, 1994.

Attorney(s) appearing for the Case

Kennedy & Lillis, New York City, for plaintiff (Thomas C. Murphy, of counsel).

Walker & Corsa, New York City, for defendants (Leroy S. Corsa and Randolph H. Donatelli, of counsel).

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff brings this action on a bill of lading against the M/V "Humacao," Navieras De Puerto Rico and Puerto Rico Marine Management, Inc. (collectively the "defendant") to recover for damages allegedly sustained while its goods were being transported aboard defendant's vessel. Plaintiff moves, pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, to strike the third and fifth affirmative defenses...

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