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SANKYO SEIKI (AMERICA) v. S.S. KOREAN LEADER

No. 81 Civ. 3071 (CBM).

556 F.Supp. 337 (1982)

SANKYO SEIKI (AMERICA), INC., Plaintiff, v. S.S. "KOREAN LEADER", her engines, boilers, etc., v. ORIENT OVERSEAS CONTAINER LINE, INC., and Korean Shipping Corp., Ltd., Defendants and Third-Party Plaintiffs, v. CONSOLIDATED RAIL CORPORATION (CONRAIL), Burlington Northern, Inc., Delaware and Hudson Railway Co., and Norfolk and Western Railway Co., Third-Party Defendants.

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

October 26, 1982.

Attorney(s) appearing for the Case

Dwyer, Peltz & Walker by Alexander Peltz, New York City, for plaintiff.

Dougherty, Ryan, Mahoney, Pellegrino Giuffra & Zambito by John Ciraldo, New York City, for defendants and third-party plaintiffs.

Bleakley, Platt, Remsen, Millham & Curran by Hyman Hillenbrand, Kenneth Fremont, New York City, for Third-Party Defendants, CONRAIL, Burlington Northern, Inc., Norfolk and Western Ry. Co.

Kenga M. Lachapelle, Albany, N.Y., for third-party defendant Delaware and Hudson Ry. Co.

Richard H. Stokes, Forest Hills, N.Y., for third-party defendants.

MEMORANDUM OPINION

MOTLEY, Chief Judge.

Plaintiff and third-party defendants moved, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment against defendants. For the reasons set forth below, both motions are granted.

Facts

Plaintiff moves for summary judgment for the short delivery of 113 cartons of audio components by defendants. The affidavits and exhibits annexed thereto disclose...

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