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INT. MIN. v. AEROVIAS DE COL.

57 A.D.2d 64 (1977)

International Mining Corporation et al., Respondents, v. Aerovias Nacionales De Colombia S.A. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 14, 1977

Attorney(s) appearing for the Case

John L. Conners of counsel (Paul H. Murphy with him on the brief; Bigham, Englar, Jones & Houston, attorneys), for appellants.

Stanely W. Zawacki of counsel (Vincent, Berg, Russo, Marcigliano & Zawacki, attorneys), for respondents.

LUPIANO, J. P., and BIRNS, J., concur with CAPOZZOLI, J.; SILVERMAN, J., concurs in an opinion.

CAPOZZOLI, J.

Defendants, air carriers, agreed to transport two boxes "said to contain platinum" from Colombia, S. A., to Kennedy Airport. It is agreed that the defendant, Aerovias, the carrier which transported the boxes to Kennedy, did not inspect the boxes and, therefore, had no actual knowledge of their contents. The contents of the boxes were declared to have a value of $181,200 for customs purposes and valued...

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