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GULF ITALIA COMPANY v. THE EXIRIA

160 F.Supp. 956 (1958)

GULF ITALIA COMPANY, Libellant, v. THE Steamship EXIRIA, her engines, etc., and American Export Lines, Inc., Respondent.

United States District Court S. D. New York.

January 13, 1958.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, for libellant. Herbert M. Lord, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for respondent. Kenneth Gardner, M. E. DeOrchis, New York City, of counsel.

CASHIN, District Judge.

In this action for cargo damage, the parties have stipulated the following facts essential to a decision, which are therefore found as facts:

Libellant was the owner of a tractor which was shipped under a clean bill of lading upon the S.S. Exiria owned by respondent, American Export Lines, Inc., from the Port of New York to Palermo, Italy, on or about August 18, 1954. The tractor was re-delivered in a damaged condition. Respondent is...

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