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RAPHAELY INTERN., INC. v. WATERMAN S.S. CORP.

No. 82 Civ. 6284 (RO).

764 F.Supp. 47 (1991)

RAPHAELY INTERNATIONAL, INC., et al., Plaintiffs, v. WATERMAN STEAMSHIP CORPORATION, et al., Defendants.

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

May 21, 1991.

Attorney(s) appearing for the Case

Bigham Englar Jones & Houston, New York City (Louis G. Juliano, Frederick A. Lovejoy, of counsel), for plaintiffs Raphaely Intern., Inc., et al.

Burlingham Underwood & Lord, New York City (Joseph C. Smith, Matthew Q. Berge, of counsel), for defendant Waterman S.S. Corp.

Schoeman, Marsh & Updike, New York City (Charles B. Updike, of counsel), for defendant Societe Generale de Surveillance, S.A.

OPINION AND ORDER

OWEN, District Judge:

This action involves the shipment of peanuts aboard three cargo vessels owned and operated by defendant Waterman Steamship Corporation from the Sudan to Norfolk, Virginia during the spring of 1981. Waterman, through its agent, Gezira Trade & Services Co., Ltd., issued bills of lading which contained representations that the bags of peanuts were free of fly/weevils, free from mould, and contained aflatoxin

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