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INTERCONTINENTAL TRANSPORTATION CO. v. INDIA SUPPLY MISSION

No. 66 Ad. 191.

261 F.Supp. 757 (1966)

INTERCONTINENTAL TRANSPORTATION CO., Inc., Plaintiff, v. The INDIA SUPPLY MISSION, Defendant, v. CONTINENTAL GRAIN CO., Third-Party Defendant.

United States District Court S. D. New York.

December 2, 1966.

Attorney(s) appearing for the Case

Burke & Parsons, New York City, for plaintiff (Raymond J. Burke, Thomas A. Dillon, Jr., and Alfred A. Meyer, New York City, of counsel).

Baker, Nelson, Williams & Mitchell, New York City, for defendant (O. Taft Nelson and Robert E. Meshel, New York City, of counsel).

Lord, Day & Lord, New York City, for third party defendant (John F. O'Connell, New York City, of counsel).

OPINION

MacMAHON, District Judge.

These are motions for summary judgment. The case turns on the proper construction of a charter party.

The India Supply Mission chartered plaintiff's tanker to carry wheat from Houston to India. The charter party provided in part:

"4. Tanker to be loaded, stowed and trimmed, according to berth terms, with customary berth despatch, and if detained longer than eight (8) running days, Sundays and Holidays included...

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