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R.G.N. CAPITAL CORP. v. YAMATO TRANSPORT USA

No. 95 Civ. 2647 (CSH).

949 F.Supp. 232 (1997)

R.G.N. CAPITAL CORP., as agent for GRM Capital Inc., Plaintiff, v. YAMATO TRANSPORT USA, INC., and Sea-Land Service, Inc., Defendant.

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

January 8, 1997.

Attorney(s) appearing for the Case

Ross, Suhoff, Egert, Hankin, Madenbaum & Mazel, P.C., New York City, for Plaintiff; Brian K. Suhoff, Jeffrey B. Melzer, of counsel.

Marks & Murase, L.L.P., New York City, for Defendant Yamato Transport USA, Inc.; Lawrence M. Harnett, Diane C. Hertz, of counsel.

DeOrchis & Partners, New York City, for Defendant Sea-Land Service, Inc.; John A. Orzel, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge:

In this admiralty action arising out of the delayed delivery of goods carried by ocean transportation, the defendants shipowner and freight forwarder move for summary judgment pursuant to Rule 56, Fed.R.Civ.P.

Background

The affidavits, exhibits and depositions submitted on these motions reveal the following facts.

Plaintiff R.G.N. Capital Corp. ("R.G.N."...

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