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EATON CORP., ETC. v. S. S. GALEONA

No. 78 Civ. 135 (CHT).

474 F.Supp. 819 (1979)

EATON CORPORATION (CONSTRUCTION EQUIPMENT DIVISION) and E. R. I. M., S. A., Plaintiffs, v. S. S. "GALEONA", her engines, boilers, etc. v. COMPANIA TRASATLANTICA ESPANOLA, S. A., Defendant.

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

July 26, 1979.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiffs; Robert J. Williams, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant; Harold V. Higham, New York City, of counsel.

OPINION

TENNEY, District Judge.

Eaton Corporation (Construction Equipment Division) ("Eaton") and E.R.I.M., S.A. sued the S.S. GALEONA and Compania Trasatlantica Espanola, S.A. ("Spanish Line") for damages that allegedly occurred to an industrial tractor while being shipped aboard the S.S. GALEONA. Eaton now moves for partial summary judgment, seeking an order striking paragraph 17 of the Answer, which alleges that any recovery must be based on the terms...

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