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GAF (OSTERREICH) GmbH v. DART CONTAINERLINE CO.

Civ. A. No. 80-709.

541 F.Supp. 9 (1981)

GAF (OSTERREICH) GmbH, Plaintiff, v. DART CONTAINERLINE COMPANY LIMITED and Dart Containerline, Inc., Defendants. DART CONTAINERLINE COMPANY LIMITED and Dart Container, Third-Party Plaintiffs, v. GAF INTERNATIONAL CORPORATION, Third-Party Defendant.

United States District Court, D. New Jersey.

August 12, 1981.

Attorney(s) appearing for the Case

John E. Olson, Newark, N. J., for plaintiff.

James L. Ross, Berkeley Heights, N. J., for defendant.

Jeffrey M. Kadish, Morgan, Melhuish, Monaghan & Spielvogel, Livingston, N. J., for third-party defendant.

OPINION

WHIPPLE, Senior District Judge.

This is an action for damages by a shipper against a carrier of goods. The defendants, Dart Containerline Co., Ltd. and Dart Containerline, Inc., seek partial summary judgment limiting their potential liability for cargo damage and loss to a maximum of $500.00 per package as provided by 46 U.S.C. § 1304(5).1 Plaintiff in its cross motion seeks to strike the affirmative defenses asserting...

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