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AVIN INTERN. BUNKERS SUPPLY v. WELLRUN MANAGEMENT

Nos. 84 Civ. 2591 (EW), 84 Civ. 7554 (EW).

607 F.Supp. 738 (1985)

AVIN INTERNATIONAL BUNKERS SUPPLY, S.A., Plaintiff, v. WELLRUN MANAGEMENT, Wellrun Marine Transport S.A. Ltd., Wellrun Maritime S.A. Ltd., Wellrun Shipping Company, Ltd., Bailee Marine S.A., Kinyard Enterprise Co., Ltd., Fritz Steamship Corp. and Orient Leasing (ASIA) Ltd., Defendants. BRIDGE OIL LIMITED, Plaintiff, v. WELLRUN MANAGEMENT INC. S.A., Wellrun Marine Transport S.A. Ltd., Wellrun Maritime S.A. Ltd., Wellrun Shipping Company, Ltd., Bailee Marine S.A., Kinyard Enterprise Co., Ltd., Fritz Steamship Corp. and Orient Leasing (ASIA) Ltd., Defendants.

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

May 3, 1985.

Attorney(s) appearing for the Case

Nourse & Bowles, New York City, for plaintiffs Avin International Bunkers Supply S.A. and Bridge Oil Limited; Ruby H. Melton, John E. Bradley, New York City, of counsel.

Burlingham Underwood & Lord, New York City, for defendants Orient Leasing (Asia) Ltd. and Fritz Steamship Corp.; Robert J. Zapf, Lizabeth L. Burrell, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs, Avin International Bunkers Supply, S.A. ("Avin") and Bridge Oil Limited ("Bridge"), bring these consolidated actions to recover for payments allegedly due for fuel and diesel oil supplied to the M/V Bailee, a vessel owned by defendant, Fritz Steamship Corporation ("Fritz"), and its affiliate, Orient Leasing (Asia) Ltd. ("OLA").1 OLA and Fritz move for summary judgment pursuant...

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