SABRE SHIPPING CORPORATION v. AMERICAN PRESIDENT LINES

No. 66 Civ. 3617.

298 F.Supp. 1339 (1969)

SABRE SHIPPING CORPORATION, Plaintiff, v. AMERICAN PRESIDENT LINES, Ltd., et al., Defendants. JAPAN LINE, Ltd., et al., Third-Party Plaintiffs, v. AMERICAN PRESIDENT LINES, Ltd., et al., Third-Party Defendants.

United States District Court S. D. New York.

April 24, 1969.


Attorney(s) appearing for the Case

Strasser, Spiegelberg, Fried & Frank, New York City, for plaintiff (Leon Silverman and Victor Friedman, New York City, of counsel).

Shearman & Sterling, New York City, for defendant American President Lines, Ltd. and third-party defendants American President Lines, Ltd., Barber-Fern-Ville Lines, Blue Sea Line, Fearnley & Eger, Inc., Fern-Ville Lines, Lykes Bros. Steamship Co., Inc., A. P. Moller-Maersk Line, Prince Line, Ltd., States Marine Lines, Inc., United Philippine Lines, Inc., United States Lines, Inc., Waterman Steamship Corporation and Wilh. Wilhelmsen (Robert L. Clare, Jr., and Dennis J. Helms, New York City, of counsel).

Kirlin, Campbell & Keating, New York City, for defendant P & O Orient Lines (Elmer C. Maddy, New York City, of counsel).

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for defendants Six Trans-Pacific Lines (Edwin Longcope, New York City, of counsel).

Baker & McKenzie, New York City, for defendants and third party plaintiffs Japan Line, Ltd., Kawasaki Kisen Kaisha, Mitsui O.S.K. Lines, Nippon Yusen Kaisha, Ltd. and Yamashita-Shinnihon Steamship Company, Ltd. (Philip A. Ryan, Washington, D. C., and Gregor F. Gregorich, New York City, of counsel).

Poles, Tublin, Patestides & Stratakis, New York City, for third party defendant Marchessini Lines (John G. Poles, New York City, of counsel).


OPINION

RYAN, District Judge:

Fourteen third-party defendants, who have settled wih plaintiff and obtained from it dismissal of the complaint without prejudice and a Covenant Not to Sue, move for summary judgment on the third party complaint. Familiarity with the claim in suit is presumed from the decision of this Court in Sabre Shipping Corp. v. American President Lines, Ltd., 285 F.Supp. 949; aff'd Japan Line, Ltd...

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