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FIRST AMERICAN BULK CARR. v. VAN OMMEREN SHIPPING

No. 04 Civ. 9922(LLS).

540 F.Supp.2d 483 (2008)

FIRST AMERICAN BULK CARRIER CORPORATION, Plaintiff, v. VAN OMMEREN SHIPPING (USA) LLC, and Van Ommeren USA Inc. and Does 1 through 10 Inclusive, Defendants.

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

March 19, 2008.

Attorney(s) appearing for the Case

Julia M. Moore, of counsel, Nourse & Bowles, New York City, for Plaintiff.

John J. Walsh, of counsel, Freehill, Hogan & Mahar, New York City, for Defendants.

OPINION AND ORDER

STANTON, District Judge.

1. Leave to Amend Complaint

The question has arisen whether Strong Vessel Operators LLC ("SVO") has taken over the business and affairs of defendant Van Ommeren Shipping (USA) LLC and become its successor-in-interest or alter-ego, and is liable under a charter in Van Ommeren's place, i.e., whether it has become the Charterer. SVO is willing to have the arbitrators decide that question. Plaintiff...

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