ALFRED C. TOEPFER, INC. v. FEDERAL BARGE LINES

No. 73 Civ. 3290.

466 F.Supp. 40 (1978)

ALFRED C. TOEPFER, INC. and Cook Industries, Inc., Plaintiffs, v. FEDERAL BARGE LINES, INC. and Anderson Clayton & Co., Defendants.

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

October 6, 1978.


Attorney(s) appearing for the Case

Robert S. Ordman, David Botwinik, Pavia & Harcourt, New York City, for plaintiff Alfred C. Toepfer, Inc.

Bruce J. Hector, Donald M. Burke, Caspar F. Ewig, Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for plaintiff Cook Industries, Inc.

John P. D'Ambrosio, Elmsford, for Anderson Clayton & Co.


OPINION AND ORDER

PIERCE, District Judge.

This is an action for damages caused to a shipment of 1,303 short tons of soybean meal. Plaintiffs Alfred C. Toepfer, Inc. and Cook Industries, Inc. are two corporations which buy and sell grain, including soybean meal. Defendant Federal Barge Lines owned the barge which carried the meal in question. Defendant Anderson Clayton & Co. ("ACCo") manufactured and sold the meal and loaded it onto the barge. Defendants...

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