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SOUTHERN RAILWAY SYSTEM v. LEYDEN SHIPPING CORPORATION

No. 68 Civ. 18.

290 F.Supp. 742 (1968)

SOUTHERN RAILWAY SYSTEM, Plaintiff, v. LEYDEN SHIPPING CORPORATION, Habag Corporation and Paul A. Boulo, Defendants.

United States District Court S. D. New York.

September 23, 1968.

Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt, Hart & Fritz, New York City, for plaintiff; Robert L. Conkling, and Peter W. Flanagan, New York City, of counsel.

Doman & San Filippo, New York City, for defendant Habag Corp.; Nicholas R. Doman, and Henry O. Leichter, New York City, of counsel.

MANSFIELD, District Judge.

In this action by a railroad carrier for recovery of demurrage charges incurred on 53 car loads of pig iron shipped from Birmingham, Alabama to Mobile, Alabama, where they were to be exported by sea, the defendant Habag Corporation ("Habag" herein), purchaser of 36 of the car loads, moves pursuant to Rule 12(b) (6) and (7), F.R. C.P., to dismiss the complaint for failure to state a claim upon which relief can be granted and for failure to...

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