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PORT CLYDE FOODS, INC. v. HOLIDAY SYRUPS, INC.

No. 81 Civ. 3980 (RWS).

563 F.Supp. 893 (1982)

PORT CLYDE FOODS, INC., Plaintiff, v. HOLIDAY SYRUPS, INC., Defendant and Third-Party Plaintiff, v. LUMBERMENS MUTUAL INSURANCE COMPANY and E.B. Cohen & Co., Inc., Third-Party Defendants.

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

September 14, 1982.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for plaintiff by Francis X. Byrn and Manuel R. Llorca, New York City, of counsel.

Markovits, Markovits, Blustein & Gottlieb, P.C., Middletown, N.Y., for defendant and third-party plaintiff by Burt J. Blustein, Middletown, N.Y., of counsel.

Blooim & Semel, Middletown, N.Y., for third-party defendant by Martin Semel, Middletown, N.Y., of counsel.

Garcia & Stallone, Melville, N.Y., for third-party defendant Cohen by Joseph F. Garcia, Melville, N.Y., of counsel.

OPINION

SWEET, District Judge.

Plaintiff Port Clyde Foods, Inc. ("Port Clyde") filed this action pursuant to the Interstate Commerce Act, 49 U.S.C. § 11707, against defendant Holiday Syrups, Inc. ("Holiday") seeking recovery for loss of property sustained when a Holiday truck was transporting Port Clyde's goods, a load of sardines, on January 25, 1980.1 After Port Clyde filed a claim for its damages with Holiday, Holiday...

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