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CATERPILLAR OVERSEAS, S.A. v. S.S. EXPEDITOR

210 F.Supp. 478 (1962)

CATERPILLAR OVERSEAS, S.A., Libellant, v. S.S. EXPEDITOR and American Export Lines, Inc., Respondent.

United States District Court S. D. New York.

On Reargument November 14, 1962.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City for libellant; F. Herbert Prem, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for respondent; M. E. DeOrchis and Clifford J. Brenner, New York City, of counsel.

METZNER, District Judge.

This libel seeks to recover damages to cargo. The libellant shipped two tractors to Tripoli on board respondent's vessel. When the vessel reached the Port of Tripoli, it discharged the tractors onto a lighter. Shortly thereafter the lighter listed to one side, and the tractors were cast overboard. The lighter was hired by respondent's local agent, but the charge for the lighterage was billed to the consignee. The consignee was neither consulted...

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