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MITSUI & CO. (USA) INC. v. HUDSON TANK TERMINALS

No. 529, Docket 85-7588.

790 F.2d 226 (1986)

MITSUI & COMPANY (USA) INCORPORATED, Plaintiff, Geismar & Company Incorporated, Plaintiff-Intervenor-Appellant, v. HUDSON TANK TERMINALS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 7, 1986.

Attorney(s) appearing for the Case

Robert B. Davidson, New York City (Nancy Nelson, Baker & McKenzie, New York City, of counsel), for plaintiff-intervenor-appellant.

Kenneth R. Feit, New York City (Tell, Cheser & Breitbart, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, CARDAMONE, and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal deals with rights of action against a bailee under Uniform Commercial Code (U.C.C.) § 2-722 (1978). Goods held by a bailee were damaged through its negligence, causing injury both to the seller and buyer of the goods. The seller settled its damage claim against the bailee. The novel question presented is whether U.C.C. § 2-722 now precludes recovery by the buyer for its damages against the bailee. The district court...

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