SOLAR INTERN. SHIPPING AG. v. E. PROTEINS EXPORT

No. 316, Docket 85-7541.

778 F.2d 922 (1985)

SOLAR INTERNATIONAL SHIPPING AGENCY, INC., Plaintiff-Appellant, v. EASTERN PROTEINS EXPORT, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 2, 1985.


Attorney(s) appearing for the Case

Alfred F. Koller, Jr., New York City (Cichanowicz, Callan, Carcich & Keane, New York City), for plaintiff-appellant.

Richard E. Kummer, Roseland, N.J. (Carella, Byrne, Bain & Gilfillan, Roseland, N.J.), for defendant-appellee.

Before OAKES, NEWMAN and KEARSE, Circuit Judges.


OAKES, Circuit Judge.

In this suit for ocean freight charges indisputably owing to the plaintiff, the defense is that the charges were incurred not by the corporate defendant with whom the plaintiff had previously done business but by another corporation with the identical name as the defendant, only incorporated in a different state, and now bankrupt. The United States District Court for the Southern District of New York, Bernard Newman, Senior Judge of the United...

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