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ROMAN CREST FOODS v. S.S. DELTA COLUMBIA

No. 81 Civ. 4279 (JES).

574 F.Supp. 440 (1983)

ROMAN CREST FOODS, INC., Plaintiff, v. S.S. DELTA COLUMBIA EX S.S. SANTA CLARA, her engines, boilers, etc. and Delta Steamship Lines, Inc., Defendants.

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

October 26, 1983.

Attorney(s) appearing for the Case

Donovan, Maloof, Walsh & Kennedy, New York City, for plaintiff; Donald M. Kennedy and Francis J. McCaffrey, New York City, of counsel.

Lilly, Sullivan & Purcell, P.C., New York City, for defendants; Peter A. Junge and Charles E. Schmidt, New York City, of counsel.

OPINION & ORDER

SPRIZZO, District Judge.

Plaintiff, Roman Crest Foods, Inc. ("Roman Crest"), commenced this civil action pursuant to the admiralty and maritime jurisdiction of this Court. 28 U.S.C. § 1333 (1976). Roman Crest sues under the Carriage of Goods by Sea Act, 46 U.S.C. §§ 1300-1315 (1976 & Supp. V 1981) ("COGSA"), seeking damages from defendant Delta Steamship Lines, Inc. ("Delta") for the spoilage of sixty pallets

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