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ARIATE COMPANIA NAV., S.A. v. COMMONWEALTH OF TANKSHIP OWNERS, LTD.

No. 62 A.D. 543.

310 F.Supp. 416 (1970)

ARIATE COMPANIA NAVIERA, S.A., as Owner of the SS ARION, Plaintiff, v. COMMONWEALTH TANKSHIP OWNERS, LTD., Republic Shipping Co., Holly Products Co., Inc., Lincoln Chartering & Shipping Corp., Westward Shipping, Limited, Tokyo Shipping Co., Ltd., Mertsco of Canada, Limited, Stanley R. Ketcham, A. T. Philpotts, Jr., and Donald E. Woodworth, Defendants.

United States District Court, S. D. New York.

February 27, 1970.

Attorney(s) appearing for the Case

Joseph Cardillo, Jr., New York City, for plaintiff.

Richard Steel, New York City, for defendants Lincoln Chartering & Shipping Corp. and A. T. Philpotts, Jr.

Foley & Martin, by Christopher E. Heckman, New York City, for defendants Holly Products Co., Inc. and Donald E. Woodworth.

CANNELLA, District Judge.

This is an action for breach of a time charter party1 which the plaintiff ostensibly entered into on February 2, 1962 with Commonwealth Tankship Owners, Ltd. [hereinafter "Commonwealth"], which then subchartered2 on the same date to Republic Shipping Company [hereinafter "Republic"]. Defendant Lincoln Chartering and Shipping Corporation [hereinafter "Lincoln"] purported to act as agent...

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