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TOKIO MARINE AND FIRE v. FEDERAL MARINE TERMINAL

No. 04 CIV. 4286(VM).

397 F.Supp.2d 530 (2005)

TOKIO MARINE AND FIRE INSURANCE CO., LTD. and Mitsubishi International Corporation, Plaintiffs, v. FEDERAL MARINE TERMINAL, INC., Defendant. Federal Marine Terminal, Inc., Third-party Plaintiff, v. ADM Cocoa, Inc. and Nestle USA, Inc., Third-party Defendants.

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

November 9, 2005.

Attorney(s) appearing for the Case

Matthew T. Loesberg, Kennedy Lillis Schmidt & English, New York, NY, for Plaintiffs.

Jeremy J.O. Harwood, Healy & Baillie, L.L.P., New York, NY, for Defendant.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiffs Tokio Marine and Fire Insurance Company, Ltd. ("Tokio") and Mitsubishi International Corporation ("MIC") (collectively "Plaintiffs") brought an action in New York State Supreme Court against defendant Federal Marine Terminal, Inc. ("FMT") alleging breach of contract, breach of bailment, negligence, and conversion based on the alleged disappearance of approximately 46 metric tons of MIC's cocoa...

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