VAN EKRIS & STOETT, INC. v. S.S. RIO PARAGUAY

No. 80 Civ. 1806 (PNL).

573 F.Supp. 1475 (1983)

VAN EKRIS & STOETT, INC., and Marshall Coffee Division of Balfour Maclaine International, Plaintiffs, v. S.S. RIO PARAGUAY, S.S. Rio Olivia, their engines, boilers, etc., Itaypyte S.P.L. and Empresa Lineas Maritimas Argentinas S.A., Defendants.

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

November 1, 1983.


Attorney(s) appearing for the Case

Donovan, Maloof, Walsh & Kennedy, David L. Maloof, Charles C. Goodenough, New York City, for plaintiffs.

Kirlin, Campbell & Keating, J. Scot Provan, New York City, for defendants.


OPINION AND ORDER

LEVAL, District Judge.

This is an action by a purchaser and consignee of goods against the ocean carrier Empresa Lineas Maritimas Argentinas S.A. (ELMA), based on ELMA's bills of lading. The parties have stipulated to bifurcated trial of certain issues upon submitted documents and proofs. The question submitted for adjudication is whether an exculpatory clause in ELMA's bills of lading exempted ELMA from liability for damage that occurred...

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