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P. D. MARCHESSINI & CO. (NEW YORK) v. H. W. ROBINSON & CO.

No. 62 A.D. 223.

287 F.Supp. 728 (1967)

P. D. MARCHESSINI & CO. (NEW YORK), Inc., Libelant, v. H. W. ROBINSON & CO., Inc., Respondent.

United States District Court S. D. New York.

December 5, 1967.

Attorney(s) appearing for the Case

Poles, Tublin, Patestides & Stratakis, New York City, for libelant; John G. Poles, Theodore P. Daly, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for respondent; John H. Cleveland, III, Charles Grice McMullan, Jr., New York City, of counsel.

MEMORANDUM

COOPER, District Judge.

Libelant, P. D. Marchessini & Co. (New York) Inc. (hereinafter Marchessini), has brought this libel against respondent, H. W. Robinson & Co., Inc. (hereinafter Robinson), alleging breach of a contract of carriage (Ex. 1A)1 involving 260 locomotive trucks2 which were to be carried aboard vessels operated by libelant.

Respondent asserts the lack of...

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