MISSISSIPPI VALLEY BARGE LINE CO. v. BULK CARRIERS, LTD.


249 F.Supp. 743 (1965)

MISSISSIPPI VALLEY BARGE LINE COMPANY, Plaintiff, v. BULK CARRIERS, LTD., Import & Export Steel Corporation, Nimpex International, Inc., Insurance Company of North America, Venizelos, S.A., Nikitas K. Venizelos, Atalaya, Cia. Nav., S.A., John Doe, and others whose names are unknown to the plaintiff, the persons intended being certain other insurers of a cargo carried in the S/S DORI herein described, Defendants.

United States District Court S. D. New York.

June 1, 1965.


Attorney(s) appearing for the Case

Symmers, Fish & Warner, New York City, for plaintiff.

Hill, Rivkins, Louis & Warburton, New York City, for defendants Import & Export Steel Corp., Nimpex International, Inc. and Ins. Co. of North America, Joseph T. McGowan, Clare E. Walker, New York City, of counsel.


WYATT, District Judge.

This is a motion on affidavits by defendants Import & Export Steel Corporation (Impex), Nimpex International, Inc. (Nimpex), and Insurance Company of North America (Insurance North)

(1) to dismiss the complaint for failure to state a claim upon which relief can be granted (Fed.R.Civ.P. 12 (b) (6)); (2) to dismiss the complaint for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b) (1)); (3) to dismiss...

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