NIPPON FIRE & MARINE INS. v. HOLMES TRANSP.

No. 84 Civ. 6152 (MP).

616 F.Supp. 610 (1985)

NIPPON FIRE & MARINE INSURANCE CO., LTD., Plaintiff, v. HOLMES TRANSPORTATION, INC. and Troiano Express Co., Inc., Defendants.

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

August 23, 1985.


Attorney(s) appearing for the Case

Donovan, Maloof, Walsh & Kennedy by James J. Ruddy, New York City, for plaintiff.

Burns Summit Rovins & Feldesman by Stephen J. King, New York City, for defendant Holmes Transp., Inc.

Lustig, Spinner & Bronstein by Richard M. Bronstein, Deer Park, N.Y., for defendant Troiano Exp. Co.


DECISION AND OPINION

MILTON POLLACK, Senior District Judge.

The issues herein were presented at a Bench trial. Jurisdiction is posited on the Interstate Commerce Act, 49 U.S.C. § 11707, and 28 U.S.C. §§ 1332 and 1337.

Nature of the Case

Plaintiff, Nippon Fire & Marine Insurance Company ("Nippon"), as subrogee of International Business Machines ("IBM"), sues defendants...

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