ZERVOS v. S.S. SAM HOUSTON

No. 75 Civ. 5293(HFW).

427 F.Supp. 500 (1976)

Nikiforos ZERVOS, Plaintiff, v. S.S. SAM HOUSTON and Waterman Steamship Corp., Defendants.

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

December 7, 1976.


Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, by R. Glenn Bauer, New York City, of counsel, for Waterman Steamship Corp.

Kelley Drye & Warren, New York City, by Richard J. Concannon, Patricia A. Martone, New York City, of counsel, for Continental Bank International.

Graubard Moskovitz McGoldrick Dannett & Horowitz, New York City, by Jack Weinberg, Remy J. Ferrario, New York City, of counsel, for Addis Ababa Bank, National Bank of Ethiopia and Solomat, P.L.C.

Shedd Moraites & Rathe, New York City, by John C. Mamoulakis, New York City, of counsel, for Nikiforos Zervos.

David M. Berenson, New York City, for Marine Midland Bank of New York.

Kirlin, Campbell & Keating, New York City, by J. Scot Provan, New York City, of counsel, for Koninklijke Nedlloyd, b.v.

Cole & Deitz, New York City, by Albred D. Jordan, New York City, of counsel, for Van Ekris & Stoett, Inc.

Graubard Moskovitz McGoldrick, Dannett & Horowitz, New York City, by Jack Weinberg, Edward S. Weltman, New York City, of counsel, for Addis Ababa Bank, National Bank of Ethiopia and Solomat, P.L.C.


OPINION

WERKER, District Judge.

STATEMENT OF FACTS

This is a suit to determine the right of the parties to the proceeds of 150 tons of Djimmah coffee, each shipment of 75 tons each of which was shipped from Ethiopia to the ports of New York and New Orleans.

The motion before the court is a motion by Waterman Steamship Corporation ("Waterman") for summary judgment against Continental Bank International ("CBI"). Judgment is sought for freight...

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