UNION CARBIDE CORP. v. M/V MICHELE

No. 89 CIV 7121 (LBS).

764 F.Supp. 783 (1990)

UNION CARBIDE CORP., Plaintiff, v. M/V MICHELE, her tackle, boilers, engines, etc., in rem and Kieserling America Corp., Defendants.

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

As Amended July 27, 1990.


Attorney(s) appearing for the Case

Mahoney & Keane (Joan Califf, of counsel), New York City, for plaintiff.

Hill Rivkins Loesberg O'Brien Mulroy & Hayden (Caspar F. Ewig and Keith B. Dalen, of counsel), New York City, for defendants.


OPINION

SAND, District Judge.

Plaintiff-shipper, Union Carbide Corporation ("UCC"), has brought suit against defendant-carrier, EKB Kierserling America Corp., alleging that the defendant is responsible for the contamination of a shipment of silicone resin valued at $200,000. The defendant has moved for partial summary judgment seeking to restrict its liability to $500 pursuant to title 46 § 1304(5) of the Carriage of Goods by Sea Act. For the reasons...

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