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MONARCH INDUSTRIAL CORP. v. AMERICAN MOTORISTS INS. CO.

No. 61 Civ. 4038.

276 F.Supp. 972 (1967)

MONARCH INDUSTRIAL CORPORATION, Plaintiff, v. AMERICAN MOTORISTS INSURANCE COMPANY, A/S J. Ludwig Mowinckels Rederi, Defendants. AMERICAN MOTORISTS INSURANCE COMPANY, Third-Party Plaintiff, v. A/S J. LUDWIG MOWINCKELS REDERI, Third-Party Defendant.

United States District Court S. D. New York.

October 16, 1967.

Attorney(s) appearing for the Case

Bennett Silverman, James Lawrence Garrity, Katz, Wittenberg & Katz, New York City, for plaintiff.

Philip V. Moyles, William G. Mead, Haight, Gardner, Poor & Havens, New York City, for defendant Carrier.

Donald F. Connors, Bigham, Englar, Jones & Houston, New York City, for defendant American and third-party plaintiff.

OPINION

MOTLEY, District Judge.

This is an action for damages incurred when a cargo of about 210 tons of steel shipped from Buenos Aires, Argentina, to New York, New York, arrived in a seriously damaged condition in late December 1959.

Plaintiff, Monarch Industrial Corporation (hereinafter Monarch) was the purchaser of the cargo. A New York business corporation, Monarch was engaged in exporting and importing...

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