NEBCO INTERN. INC. v. M/V NAT. INTEGRITY

Nos. 89 Civ. 1529 (RPP), 89 Civ. 1699 (RPP), 89 Civ. 1701 (RPP) and 89 Civ. 1702 (RPP).

752 F.Supp. 1207 (1990)

NEBCO INTERNATIONAL INC. and Legend Apparel Mfg. Co., Inc., Plaintiffs, v. M/V NATIONAL INTEGRITY, M/V SALLY OCEAN, M/V NEDLLOYD SINGAPORE, M/V MARIS OTTER and M/V SEALAND ENTERPRISE, their engines, boilers, tackles, etc., in rem, v. KAWASAKI KISEN KAISHA, LTD., a/k/a K-Line, Nedlloyd Lijnen B.V. Rotterdam, and Sealand Services, Inc., in personam, Defendants.

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

December 18, 1990.


Attorney(s) appearing for the Case

Lilly Sullivan Purcell Barkan & Junge, P.C. by Peter A. Junge, Michael John Gregorek, New York City, for plaintiffs.

Kirlin, Campbell & Keating by J. Scot Provan, Laurence E. Curran III, New York City, for defendants Kawasaki Kisen Kaisha, Ltd., Nedlloyd Lijnen B.V. and Sealand Services, Inc.


FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION

ROBERT P. PATTERSON, Jr., District Judge.

I.

FINDINGS OF FACT

1. These are admiralty claims for loss of cargo within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure. The following facts were proven by a preponderance of the evidence unless otherwise stated herein.1

2. The statutory basis of federal jurisdiction is 28 U.S.C. § 1333...

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