COMMODITY SERVICE CORPORATION v. HAMBURG-AMERICAN LINE

No. 200, Docket 28993.

354 F.2d 234 (1965)

COMMODITY SERVICE CORPORATION, Plaintiff-Appellant, v. HAMBURG-AMERICAN LINE, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 29, 1965.


Attorney(s) appearing for the Case

Francis X. Nestor, New York City, for appellant.

David I. Gilchrist, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for appellee.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.


PER CURIAM:

Plaintiff-appellant, Commodity Service Corporation, as assignee of five German importers to whom it sold perishable pork products known as "fatbacks," sued the appellee, Hamburg-American Line, owner of the S.S. Grunewald, for damages sustained to five lots of "fatbacks" on an ocean voyage from New York to Bremen, Germany, in June 1952.

The shipper, since it has superior access to information as to the condition of goods when delivered to the carrier...

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