ASPHALT INTERN., INC. v. ENTERPRISE SHIPPING

77 CIV 4711 (LBS).

514 F.Supp. 1111 (1981)

ASPHALT INTERNATIONAL, INC., Plaintiff, v. ENTERPRISE SHIPPING CORP., S.A., Defendant.

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

As Amended May 26, 1981.


Attorney(s) appearing for the Case

Boal, Doti & Larsen, New York City (Arthur M. Boal, Jr., New York City, of counsel), for plaintiff.

Healy & Baillie, New York City (Thomas L. Rohrer, John P. James, New York City, of counsel), for defendant.


OPINION

SAND, District Judge.

The principal issue presented by this admiralty proceeding which has been tried to the Court, is whether the owner of a vessel on charter which was damaged in a collision may treat the vessel as a total wreck and be excused from further liability under the charter, either under the terms of the charter party or under the doctrine of impracticability of performance, where the reasonably estimated cost of repair exceeds the fair...

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