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UNIWIRE TRADING LLC v. M/V WLADYSLAW ORKAN

No. 07 Civ. 3427 (NRB).

622 F.Supp.2d 15 (2008)

UNIWIRE TRADING LLC, Plaintiff, v. M/V WLADYSLAW ORKAN, Chinese-Polish Joint Stock Shipping Company, and Stemblar Shipping Company, Defendants.

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

June 30, 2008.

Attorney(s) appearing for the Case

James F. Sweeney, Esq., Nicoletti Hornig Campise & Sweeney, New York, NY, for Plaintiff.

James L. Ross, Esq., Freehill, Hogan & Mahar LLP, New York, NY, for Defendants.

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Uniwire Trading LLC ("Uniwire") brought this maritime action to recover for cargo damage allegedly sustained during a voyage to the United States aboard the M/V Wladyslaw Orkan ("Orkan"). Defendants filed a motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) on the basis of the forum selection clause in the bills of lading, which, they contend, designates the district courts of Gdansk...

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