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GROBAN v. S.S. PEGU

Nos. 63 Ad 516, 63 Civ. 1030.

331 F.Supp. 883 (1971)

Sidney J. GROBAN et al., and Union Tractor, Ltd., Plaintiffs, v. S.S. PEGU, her engines, etc. and Elder Dempster Lines, Ltd., Defendants. Sidney J. GROBAN et al. d/b/a Groban Supply Company, and Union Tractor, Ltd., Plaintiffs, v. AMERICAN CASUALTY COMPANY, Defendant.

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

July 23, 1971.

Attorney(s) appearing for the Case

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for plaintiff Sidney J. Groban by Eli Ellis, New York City.

Hill, Rivkins, Warburton, McGowan & Carey, New York City, for Union Tractor Ltd. by Clare Walker, New York City; Lord, Bissell & Brook by William K. Johnson, Chicago, Ill., of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendants S. S. Pegu and Elder Dempster Lines, Ltd. by John H. Cleveland III, John de Peyster Douw, New York City.

Bigham, Englar, Jones & Houston, New York City, for American Cas. Co. by Joseph J. Magrath, 3rd, New York City.

OPINION

FREDERICK vanPELT BRYAN, District Judge:

These two actions, consolidated for purposes of trial, were tried before me without a jury. Both concern an inventory of Caterpillar tractor parts purchased from the Sierra Leone Development Company, Ltd. (SLDC), a British corporation, consigned aboard the S. S. Pegu to Groban Supply Company (Groban), an Illinois partnership,1 at the Port of New York.

One of the actions...

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