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NORTH AMERICAN STEEL PROD. CORP. v. THE S/S ANDROS MENTOR

194 F.Supp. 394 (1961)

NORTH AMERICAN STEEL PRODUCTS CORP., Shwayder Brothers, Incorporated, Max Schlossberg Co. and Artco Industrial Company, Inc., Libelants, v. THE S/S ANDROS MENTOR, believed since renamed THE S/S LOUROS, her engines, boilers, tackle, etc., and Clipper Line, Ltd., Cia. San Juan, San Rafael S. A., and Johs. Fritzen & Son, Inc., Respondents.

United States District Court S. D. New York.

June 7, 1961.

Attorney(s) appearing for the Case

Vincent & Grist, New York City, for libelants; Yorkston W. Grist, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for respondent Cia. San Juan; Gordon W. Paulsen, Richard G. Ashworth, New York City, of counsel.

METZNER, District Judge.

Respondent Cia. San Juan has filed an exception and exceptive allegations to the libel. The libel is for cargo damage, brought against the S/S Andros Mentor in rem and in personam against her owner, respondent San Rafael, her time charterer, Cia. San Juan, and respondent Johs. Fritzen & Son, Inc., New York agent for the time charterer. The time charterer asserts in the exceptive allegations that under its contractual relationship...

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