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COMPANHIA HIDRO ELECTRICA v. S/S "LOIDE HONDURAS"

No. 68 Civ. 1757.

368 F.Supp. 289 (1974)

COMPANHIA HIDRO ELECTRICA do SAO FRANCISCO, Plaintiff, v. S/S "LOIDE HONDURAS", her engines, boilers, etc., et al., Defendants. COMPANHIA de NAVEGACAO LLOYD BRASILEIRO (sued herein as Lloyd Brasileiro), Defendant and Third-Party Plaintiff, v. COURT CARPENTRY & MARINE CONTRACTORS CO., INC., Third-Party Defendant.

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

January 8, 1974.

Attorney(s) appearing for the Case

Thacher, Proffitt & Wood, New York City, for plaintiff; Dwight B. Demeritt, Jr., New York City, of counsel.

Crowell, Rouse & Varian, New York City, for defendants and third-party plaintiff; Richard A. Hagen, New York City, of counsel.

McHugh, Heckman, Smith & Leonard, New York City, for defendant John W. McGrath Corp.; Maurice F. Beshlian, New York City, of counsel.

ROBERT J. WARD, District Judge.

Plaintiff Companhia Hidro Electrica do Sao Francisco ("Hidro") moves pursuant to Rule 12(f), Fed.R.Civ.P., for an order striking defendant Companhia de Navegacao Lloyd Brasileiro's ("Lloyd Brasileiro") alleged statutory defenses based upon §§ 4(2)(c) and 4(5) of the United States Carriage of Goods by Sea Act, 46 U.S.C. §§ 1304(2)(c) and (5) (referred to as "COGSA") on the ground that they are insufficient as a matter...

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