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ORIENT ATLANTIC PARCO, INC. v. MAERSK LINES

No. 90 Civ. 0563 (GLG).

740 F.Supp. 1002 (1990)

ORIENT ATLANTIC PARCO, INC., Plaintiff, v. MAERSK LINES a/k/a Leda Maersk & Moller Steamship Company and Kurz-Allen, Inc., Defendants.

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

June 29, 1990.

Attorney(s) appearing for the Case

Frank T. D'Onofrio, Jr., Hartsdale, N.Y. (Frank T. D'Onofrio, Jr., of counsel), for plaintiff.

Freehill, Hogan & Mahar, New York City (Eric E. Lenck, Kevin J. Keelan, of counsel), for defendant Maersk Lines a/k/a Leda Maersk & Moller S.S. Co.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Michael White, of counsel), for defendant Kurz-Allen, Inc.

OPINION

GOETTEL, District Judge:

The plaintiff, Orient Atlantic Parco, Inc. ("Orient") as consignee, contracted with the defendant Maersk Lines, as shipper, to ship 3600 cartons of frozen mushrooms from Shanghai to Philadelphia. The bill of lading designates that the cargo was to be shipped on a freight collect basis. The shipment arrived in Philadelphia on February 17, 1988. Before the goods arrived, the plaintiff became aware of an error in the freight...

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