HARTFORD FIRE INS. CO. v. M/V SAVANNAH

No. 88 Civ. 5552 (CSH).

756 F.Supp. 825 (1991)

HARTFORD FIRE INSURANCE COMPANY and Sunland, Inc., Plaintiffs, v. M/V "SAVANNAH", its engines, boilers, etc., K.G. Ivarans Rederei B.m.b.H. & Co. and Ivaran Lines, Defendants. IVARAN LINES, Defendant and Third-Party Plaintiff, v. Rederei Claus-Peter OFFEN, Third-Party Defendant.

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

February 20, 1991.


Attorney(s) appearing for the Case

Donovan Maloof Walsh & Repetto, New York City (Edward C. Radzik, of counsel), for plaintiffs.

Lilly Sullivan Purcell Barkan & Junge, P.C., New York City (Peter A. Junge, of counsel), for defendant Ivaran Lines.

Thomas H. Healy, New York City, for M.V. "SAVANNAH".


MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this admiralty action alleging short delivery of cargo, plaintiffs move for summary judgment under Rule 56, Fed.R. Civ.P.

Background

In December 1987 plaintiff Sunland, Inc., a New York corporation, purchased a quantity of Brazilian cashew nuts from Cia. Industrial de Productos Alimenticios ("CIPA") in Fortaleza, Brazil. The shipment consisted of 500 cartons of first quality...

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