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U. S. STEEL INTERN., INC. v. SS. LASH ITALIA

No. 76 Civ. 414-CSH.

439 F.Supp. 365 (1977)

UNITED STATES STEEL INTERNATIONAL, INC., Plaintiff, v. SS. LASH ITALIA, etc., and Prudential Lines, Inc., Defendants and Third Party Plaintiffs, v. The NORFOLK AND WESTERN RAILWAY COMPANY, Third Party Defendant.

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

July 18, 1977.

Attorney(s) appearing for the Case

Graham & Simon, P.C., New York City, for B.F. Goodrich; Jeffrey Lee Neandross, New York City, of counsel.

Bleakley, Platt, Schmidt & Fritz, New York City, for Louisville & Nashville; Hyman Hillenbrand, New York City, of counsel.

Lilly, Sullivan & Purcell, New York City, for Prudential Lines; George Sullivan, New York City, of counsel.

Bleakley, Platt, Schmidt & Fritz, New York City, for Third-Party Norfolk; Hyman Hillenbrand, New York City, of counsel.

MEMORANDUM DECISION AND ORDER

HAIGHT, District Judge.

Plaintiff United States Steel International, Inc. ("U.S. Steel") seeks recovery for contract and cargo damage arising out of a transatlantic shipment of steel by defendant Prudential Lines, Inc. Paragraphs five (5) and six (6) of plaintiff's complaint set forth the relevant factual information underlying plaintiff's claim:

"5. On or about January 22, 1975 plaintiff delivered 496 packages of electrical...

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