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FARRELL LINES INC. v. HIGHLANDS INS. CO.

Nos. 81 Civ. 0601, 81 Civ. 0613.

532 F.Supp. 77 (1982)

FARRELL LINES INCORPORATED, Plaintiff, v. HIGHLANDS INSURANCE COMPANY, Jomark Textiles, Inc., and N. B. F. Import-Export Co., Defendants. HIGHLANDS INSURANCE COMPANY, Plaintiff, v. M/V EXPORT AMBASSADOR, her engines, boilers, etc., v. FARRELL LINES INCORPORATED, Defendant.

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

February 8, 1982.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for Farrell Lines Inc.; Chester D. Hooper, Keith L. Flicker, New York City, of counsel.

Vincent, Berg, Russo, Marcigliano & Zawacki, New York City, for Highlands Ins. Co.; Stephen A. Frank, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

These two consolidated admiralty actions were tried upon stipulated facts to determine the liability for damage to and loss of cargo. Farrell Lines, Inc. ("Farrell" or "carrier") received aboard its oceangoing vessel "Export Ambassador" at New York City, a shipment of 556 cartons of shoes from Jomark Textiles, Inc. for transportation by sea to the Port of Monrovia, Liberia pursuant to a bill of lading. The vessel...

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