PACIFIC VEGETABLE OIL CORP. v. S/S SHALOM

Nos. 64 Ad. 1332, 64 Ad. 1347, 65 Ad. 61, 65 Ad. 578, 65 Ad. 584, 65 Ad. 915.

257 F.Supp. 944 (1966)

PACIFIC VEGETABLE OIL CORP., et al., Libelants, v. S/S SHALOM, her engines, etc., and Zim Israel Navigation Co., Ltd., Respondents, and v. M/V STOLT DAGALI and A/S Ocean, Respondent-Impleaded (and five consolidated causes).

United States District Court S. D. New York.

July 20, 1966.


Attorney(s) appearing for the Case

Hill, Betts, Yamaoka, Freehill & Longcope, by David C. Wood and Eugene F. Gilligan, New York City, for respondent.

Haight, Gardner, Poor & Havens, by Gordon W. Paulsen, Richard G. Ashworth, Raymond P. Hayden, New York City, for respondent impleaded.


OPINION

EDELSTEIN, District Judge.

In an opinion reported at 249 F.Supp. 503 (S.D.N.Y.1966) this court ruled that the Zim Israel Navigation Co., Ltd. could not discontinue without prejudice, as of right, merely upon payment of statutory costs, but rather that Zim could discontinue without prejudice only upon the terms and conditions imposed by this court. That opinion, however, expressly reserved decision on the issue...

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