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BUBBLE UP INTERN. LTD. v. TRANSPACIFIC CARRIERS

No. 74 Civ. 5477 (VLB).

458 F.Supp. 1100 (1978)

BUBBLE UP INTERNATIONAL LTD., Pakistan Beverage Company, Clinton Milling Company, Masir Abdulla Al Schagawi, Seaboard Commodities Inc., J. M. Al-Mahaidib, Fahad & Omar Alateig-Al-Ahsa, Riviana Foods Inc., Saeed Ahmed Al-Mahroos, Mohamed & Abdulla Alsulaiman Alsaadi, the Alliance Milling Co., Uncle Ben's, Inc., General Trading Company, McMaster Car Supply Gresham Linley Ltd., Tube Turns Division of Chemetron Corp., Kuwait Oil Fields Supply Co., Rockwell Manufacturing Co., S.A., Alfarsi, Kuwait Oil Co. Ltd., United Export Clothing Co. Inc., Haji Ferman, Haji Zahid, Spahi & Nazar Jan, Toor Khan, Singer Products Co. Inc., Associated Batteries Co. Ltd. and Lloyd's Underwriters and Insurance Companies, Plaintiffs, v. TRANSPACIFIC CARRIERS CORP. and Hellenic Lines Ltd., Defendants.

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

September 29, 1978.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiffs.

Burlingham Underwood & Lord, New York City, for defendants.

OPINION

VINCENT L. BRODERICK, District Judge.

I.

Plaintiffs Bubble Up International Ltd., et al., owners of cargo carried upon defendants' ship, bring this action to recover General Average deposits required by and paid to defendants as a prerequisite for the release of plaintiffs' cargo at ports of discharge.

Admiralty and maritime jurisdiction is properly invoked pursuant to 28 U.S.C. § 1333 and Rule 9(h), F.R.Civ.P.

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