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TRANSATLANTIC MARINE CLAIMS AGENCY v. ACE SHIPPING

No. 826, Docket 96-7583.

109 F.3d 105 (1997)

TRANSATLANTIC MARINE CLAIMS AGENCY, INC., a/s/o Daewoo Automotive Components, Ltd., Plaintiff-Appellee, M/V Hyundai Emperor, etc. her engines, boilers, etc., Defendant, Hyundai Merchant Marine, Defendant, Burlington Northern Railroad, Defendant, Conrail, Defendant, v. ACE SHIPPING CORP., DIVISION OF ACE YOUNG INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 13, 1997.

Attorney(s) appearing for the Case

James F. Campise, Marcigliano & Campise, New York City, for Plaintiff-Appellee.

Stephen A. Frank, Badiak Will & Maloof, New York City, for Defendant-Appellant.

Before NEWMAN, Chief Judge, McLAUGHLIN, Circuit Judge; and SAND, District Judge

McLAUGHLIN, Circuit Judge:

Background

In March 1994, Daewoo Automotive Components, Ltd. ("Daewoo") hired defendant-appellant Ace Shipping Corp. ("Ace") to transport automobile parts from New York to Pusan, Korea. Daewoo and Ace executed six bills of lading (which are simply contracts of carriage) calling for transportation of the parts from New York, through Seattle, to Pusan.

Ace is a non-vessel-owning common carrier ("NVOCC"), which means that...

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