M. W. ZACK METAL COMPANY v. THE SS. BIRMINGHAM CITY


178 F.Supp. 377 (1958)

M. W. ZACK METAL COMPANY, Libellant, v. THE SS. BIRMINGHAM CITY, her engines, boilers, etc., and Bristol City Line of Steamships, Ltd., Respondents, Jarka Corporation, Respondent-Impleaded.

United States District Court S. D. New York.

On Reargument July 28, 1958.


Attorney(s) appearing for the Case

Anthony B. Cataldo, New York City, for libellant.

Hill, Betts & Nash, New York City, for respondents.

Garvey & Conway, New York City, for respondent-impleaded.


CASHIN, District Judge.

This is a motion by libellant for an order sustaining objections of libellant to requests for admissions served by respondent.

This is a relatively simple cargo damage case in which the main defense of the respondent ship owner is that any damage to the cargo was sustained after outturn while the cargo was in the process of inland transportation. Despite the relative simplicity of the case it has given rise to extended pre-trial tactical...

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