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GOYA FOODS, INC. v. S.S. ITALICA

No. 78 Civ. 2912 (JEL).

561 F.Supp. 1077 (1983)

GOYA FOODS, INC., Plaintiff, v. S.S. ITALICA, S.S. Americana, their engines, boilers, etc., In Rem, and Italia S.p.A. di Navigazione, Defendants.

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

April 13, 1983.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy by Timothy D. Ford, New York City, for plaintiff.

Michael D. Martocci, New York City, for defendants.

OPINION

LUMBARD, Circuit Judge:*

Plaintiff Goya Foods, Inc., was the purchaser and consignee of 12,088 cartons of pimientos shipped from Spain to New York in the winter of 1976-77 aboard two vessels owned and operated by the defendant, Italia S.p.A. di Navigazione (Italia Lines). Soon after Goya took possession of the cargo in New York, it became apparent that some of the pimientos had been damaged and had begun to decompose...

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