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CAPON TEXTILE TRADING CO. v. CONSOLIDATED RAIL

No. 81 Civ. 933(MEL).

538 F.Supp. 1083 (1982)

CAPON TEXTILE TRADING CO., Plaintiff, v. CONSOLIDATED RAIL CORP., and Western Pacific Railroad Co., Defendants.

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

May 13, 1982.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, for plaintiff; George W. Clarke, New York City, of counsel.

Michael J. Siris, New York City, for defendants.

LASKER, District Judge.

This is an action to recover for cargo lost in 1976 while being shipped from Hong Kong to Rotterdam. The cargo was shipped by Sealand Service, Inc. ("Sealand") from Hong Kong to Oakland, California, and by defendants Western Pacific Railroad Co. and Consolidated Rail Corp. ("the Railroads") from Oakland to New Jersey. From there it was shipped by sea to Rotterdam. The Railroads discharged the cargo on November 15, 1976. Plaintiff filed a claim...

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