TOKIO MARINE AND FIRE INSURANCE COMPANY, LIMITED v. NIPPON YUSEN KAISHA LINES

No. C78-161B.

466 F.Supp. 212 (1979)

TOKIO MARINE AND FIRE INSURANCE COMPANY, LIMITED, American N. T. N. Bearing Corp., and N. T. N. Bearing Manufacturing Corp., Plaintiffs, v. NIPPON YUSEN KAISHA LINES, Transcontainer, Ltd., Port of Seattle, and Crescent Wharf and Warehouse Co., Defendants.

United States District Court, W. D. Washington.

February 13, 1979.


Attorney(s) appearing for the Case

David Danielson, of Lane, Powell, Moss & Miller, Seattle, Wash., for plaintiffs.

Hugh A. McClure, of Reed, McClure, Moceri & Thonn, Seattle, Wash., for defendant, Port of Seattle.

Joseph H. Langjahr, of Detels, Draper & Marinkovich, Seattle, Wash., for defendant, Crescent Wharf & Warehouse Co.


ORDER

BEEKS, District Judge.

Plaintiffs move to strike affirmative defenses III, IV and V from the answer of Crescent Wharf and Warehouse Co. to plaintiffs' complaint on the ground that Article 5 of the bill of lading does not extend the package limitation to Crescent. The motion is granted.

Article 5 of the bill of lading provides:

"5. (Sub-Contracting: Exemptions and Immunities of Servants, Agents and Sub-contractors) The Carrier shall...

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