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NIPPON FIRE & MARINE INS. v. SKYWAY FREIGHT SYS.

No. 98 Civ. 6780 DLC.

67 F.Supp.2d 293 (1999)

NIPPON FIRE & MARINE INSURANCE CO., LTD., Plaintiff, v. SKYWAY FREIGHT SYSTEMS, INC.; U.S. Airways, Inc.; and United Air Lines, Inc., Defendants.

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

September 22, 1999.

Attorney(s) appearing for the Case

David T. Maloof, Lawrence C. Browne, Maloof & Browne LLP, New York City, for plaintiff.

Craig T. Mierzwa, Hoguet Newman & Regal, LLP, New York City, for Skyway Freight Systems, Inc., defendant.

Charles E. Schmidt, Matthew T. Loesberg, Kennedy Lillis Schmidt & English, New York City, for U.S. Airways, Inc., defendant.

David de Andrade, Law Office of Scott A. Felcher, P.C., New York City, for United Air Lines, Inc., defendant.

OPINION AND ORDER

COTE, District Judge.

Plaintiff Nippon Fire & Marine Insurance Co., Ltd. ("Nippon") was the insurer of three shipments made by Toshiba America Information Systems, Inc. ("Toshiba") through Skyway Freight Systems, Inc. ("Skyway"). In each of the first two shipments, Skyway subcontracted with another carrier — U.S. Airways, Inc. ("USAir") on the first shipment and United Air Lines, Inc. ("United") on the second shipment...

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