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

No. 476, Docket 32084.

394 F.2d 121 (1968)

P. D. MARCHESSINI & CO. (NEW YORK), Inc., Plaintiff-Appellant, v. H. W. ROBINSON & CO., Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 9, 1968.

Attorney(s) appearing for the Case

Alvin L. Stern, New York City, (Poles, Tublin, Patestides & Stratakis, New York City; John G. Poles, New York City, of counsel), for appellant.

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

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

P. D. Marchessini & Co. (New York), Inc., a steamship operator, appeals from a judgment of the District Court for the Southern District of New York dismissing a libel against H. W. Robinson & Co., Inc., a freight forwarder. The libel sought damages of $201,500 for breach of a contract for the shipment of 260 locomotive trucks, weighing 1057 long tons and occupying 156,000 cubic feet of space, from New York to Yokohama. The contract was evidenced...

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