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DEL MONTE CORP. v. EVERETT STEAMSHIP CORP.

No. C-73-1485 RFP.

402 F.Supp. 237 (1973)

DEL MONTE CORPORATION, a corporation, Plaintiff, v. EVERETT STEAMSHIP CORPORATION, S/A, a corporation, and Everett Orient Line, a corporation, SS PETEEVERETT, her engines, tackle, apparel, furniture, etc., and SS ROSSEVERETT, her engines, tackle, apparel, furniture, etc., Defendants.

United States District Court, N. D. California.

November 14, 1973.

Attorney(s) appearing for the Case

W. R. Buxton, Pillsbury, Madison & Sutro, San Francisco, Cal., for plaintiff.

Francis L. Tetreault, Graham & James, San Francisco, Cal., for defendants.

ORDER

PECKHAM, District Judge.

Plaintiff sues defendants on contract for alleged damage to cargoes of bananas carried by defendants from ports in the Philippines to ports in Japan. Plaintiff, who brings this action as the assignee of the consignee of the cargoes, invokes the admiralty and maritime jurisdiction of this court.

Defendant now moves for dismissal of the action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure on the grounds...

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