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PARKE, DAVIS & CO. v. BRITISH AIRWAYS CORP.

11 Misc.2d 811 (1958)

Parke, Davis & Company, Plaintiff, v. British Overseas Airways Corporation et al., Defendants.

City Court of the City of New York, New York County.

January 30, 1958.

Attorney(s) appearing for the Case

Condon & Forsyth for British Overseas Airways Corp., defendant.

Mendes & Mount for Seaboard and Western Airlines, Inc., defendant.

Debevoise, Plimpton & McLean for American Airlines, Inc., defendant.

Bailey & Muller for plaintiff.

HAROLD BAER, J.

This is a motion for summary judgment (Rules Civ. Prac., rule 113), brought by defendants, British Overseas Airways Corporation and Seaboard and Western Airlines, Inc. The third defendant, American Airlines, Inc. is not a party to the motion.

The plaintiff has brought the action for loss suffered by reason of failure to deliver 185 Rhesus monkeys which were to be transported from India...

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