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THE IVARAN

46 F.Supp. 394 (1942)

THE IVARAN. MANILA MOTORS CO., Inc., v. THE IVARAN.

District Court, S. D. New York.

June 12, 1942.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (William J. Tillinghast, Jr., of New York City, of counsel), for libelant.

Haight, Griffin, Deming & Gardner, of New York City (Herbert M. Statt and John T. Casey, both of New York City, of counsel), for respondent De La Rama S. S. Co., Inc.

MANDELBAUM, District Judge.

The action is to recover damages for cargo damage occurring on the S. S. Ivaran, on a voyage from New York to Manila in July, 1940.

One of the respondents, De La Rama Steamship Co., although appearing by counsel has defaulted in answering the libel and the interrogatories attached thereto. By reason of this default, the libelant is seeking to enter a decree against this respondent.

Respondent, nevertheless, moves to dismiss...

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