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ALLIED INTERN. AM. EAGLE, ETC. v. S.S. "EXPORT BAY"

No. 78 Civ. 2653-CLB.

468 F.Supp. 1233 (1979)

ALLIED INTERNATIONAL AMERICAN EAGLE TRADING CORP., Plaintiff, v. S.S. "EXPORT BAY", her engines, boilers, etc. and American Export Lines, Inc. (now Farrell Lines Incorporated), Defendant.

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

April 17, 1979.

Attorney(s) appearing for the Case

Alexander Peltz, Dwyer & Peltz, New York City, for plaintiff.

John B. Conway, Kirlin, Campbell & Keating, New York City, for defendant.

BRIEANT, District Judge.

This claim for damages resulting from the non-delivery of cargo was tried before the Court without a jury on December 20, 1978. The complaint was filed on June 9, 1978 by Allied International American Eagle Trading Corp. ("Allied") as the owner of 31 kegs and 9 drums of steel fasteners, shipped from Kobe, Japan to the Port of New York. Part of that shipment, i. e., two pallets each containing 9 kegs, was not delivered.

Defendant...

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