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ATLANTIC MUT. INS. COMPANIES v. M/V BALSA 38

No. 88 Civ. 0364 (CSH).

695 F.Supp. 165 (1988)

ATLANTIC MUTUAL INSURANCE COMPANIES, Plaintiff, v. M/V "BALSA 38", her engines, boilers, etc., and Tsacaba Co. Ltd., and Kersten Shipping Agency, Inc., Defendant. DOWA LINE COMPANY, LTD., and Tsacaba Shipping Co., Ltd., Defendants and Third-Party Plaintiffs, v. KIM-SAIL, LTD., Third-Party Defendants.

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

As Amended November 28, 1988.

Attorney(s) appearing for the Case

Purrington, McConnell & Agus, New York City (Stephen A. Agus, of counsel), for plaintiff Atlantic Mut. Ins. Companies.

Standard, Weisberg, Heckerling & Rosow, New York City (Lewis Herman, of counsel), for defendants Kersten Shipping Co. Ltd. and Kim-Sail Co. Ltd.

Walker & Corsa, New York City (Leroy S. Corsa, Kirk M. Lyons, of counsel), for defendants Dowa Line Co., Ltd. and Tsacaba Shipping Co., Ltd.

AMENDED MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this admiralty action for cargo and shortage, defendants move to dismiss the complaint as time-barred.

BACKGROUND

Plaintiff Atlantic Mutual Insurance Co. sues as insurer and subrogee of Universal Cooperatives, Inc. Universal, a Minnesota Corporation, was the consignee and receiver of bales of twine covered by six separate bills of lading which were transported on board the...

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