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BRITISH WEST INDIES PRODUCE, INC. v. S/S ATLANTIC CLIPPER

No. 68 Civil 4966.

353 F.Supp. 548 (1973)

BRITISH WEST INDIES PRODUCE, INC., Plaintiff, v. S/S ATLANTIC CLIPPER, her engines, etc., her owners, Bernhard Warrins of Carolinensiel, West Germany, Defendants. ATLANTIC LINES, LTD., Defendant and Third-Party Plaintiff, v. BAY RIDGE OPERATING COMPANY, Third-Party Defendant.

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

January 8, 1973.

Attorney(s) appearing for the Case

Bernstein, Weiss, Parter, Coplan & Weinstein, New York City, for plaintiff; Charles W. Lake, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant S/S Atlantic Clipper; Richard E. Repetto, New York City, of counsel.

Mendes & Mount, New York City, for defendant and third party plaintiff Atlantic Lines Ltd.; John J. Sullivan, New York City, of counsel.

McHugh, Heckman, Smith & Leonard, New York City, for third party defendant Bay Ridge Operating Co.; James M. Kenny, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff British West Indies Produce Inc., the consignee of two shipments of yams, ginger and pumpkins, commenced this action in admiralty under 28 U.S.C., section 1333, to recover damages for the loss of cargo due to exposure to freezing weather. Three thousand crates of yams were taken on board the S/S Atlantic Clipper at Bridgetown, Barbados, West Indies, on November 27, 1968 (Bill of Lading No. 1) and 200 crates...

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