KOMATSU, ETC. v. PORTSIDE CARGO SEC. CO.

No. 80 Civ. 2087 (MEL).

514 F.Supp. 619 (1981)

KOMATSU AMERICA CORP., Plaintiff, v. PORTSIDE CARGO SECURING COMPANY, Consolidated Rail Corporation and New York Dock Railway, Defendants.

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

May 28, 1981.


Attorney(s) appearing for the Case

McHugh, Leonard & O'Conor, New York City, for plaintiff; Douglas A. Franklin, New York City, of counsel.

Michael J. Siris, New York City, for defendant Conrail.


LASKER, District Judge.

Komatsu America Corp. sues for damage to cargo resulting from a train derailment. It alleges that Consolidated Rail Corporation ("Conrail") received shipment of the cargo at Port Elizabeth, New Jersey and delivered it to Woodhaven, Michigan in damaged condition.

Komatsu moves to strike two of Conrail's defenses and to reverse an order of Magistrate Gershon directing it to answer interrogatories related to one of those defenses.

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