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GENERAL MOTORS OVERSEAS OPERATION v. S.S. GOETTINGEN

225 F.Supp. 902 (1964)

GENERAL MOTORS OVERSEAS OPERATION, DIVISION OF GENERAL MOTORS CORPORATION, Libelant, v. S.S. GOETTINGEN, her engines, boilers, etc., and Hamburg-Amerika Linie and U. S. Navigation Co., Inc., Respondents. AMERICAN & FOREIGN TRADE CORP., F. & G. Anders, Curtiss Wright Corp., and Belzer-Werk, Libelants, v. S.S. GOETTINGEN et al., Respondents. HENNINGSEN FOODS, INC., Libelant, v. S.S. GOETTINGEN et al., Respondents.

United States District Court S. D. New York.

January 15, 1964.

Attorney(s) appearing for the Case

Kelly, Donovan, Robinson & Maloof, New York City, for libelants General Motors Overseas Corp. and Henningsen, Foods, Inc.; Donald H. Serrell, New York City, of counsel.

Hill, Rivkins, Louis & Warburton, New York City, for libelants American & Foreign Trade Corp. and others; Alan S. Loesberg, Martin B. Mulroy, New York City, of counsel.

Cichanowicz & Callan, New York City, for respondent Hamburg-Amerika Linie; Michael J. Ryan, New York City, of counsel.

FEINBERG, District Judge.

There are three motions before the Court to dismiss three libels. In each of the three cases,1 the motion is brought by the same shipowner-respondent. The three libels, brought by three separate cargo interests, seek recovery for damage to cargo suffered in heavy seas in the North Atlantic while in transit aboard the same ship from New York to Europe in January 1962. The shipowner moves to dismiss in each case...

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