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MARITIME INS. CO. v. EMERY AIR FREIGHT, CORP.

No. 90 Civ. 6684 (RWS).

769 F.Supp. 126 (1991)

MARITIME INSURANCE COMPANY, LIMITED, as subrogee of Continent-Wide Enterprises, Ltd., Plaintiff, v. EMERY AIR FREIGHT CORPORATION, a/k/a Emery Worldwide, Defendant.

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

As Amended July 18, 1991.

Attorney(s) appearing for the Case

Yorkston W. Grist, P.C., New York City (David L. Mazaroli, of counsel), for plaintiff.

Crowell, Rouse & Matera, New York City (Francis R. Matera, of counsel), William D. Bierman, Westwood, N.J., for defendant.

OPINION

SWEET, District Judge.

Plaintiff Maritime Insurance Company Limited ("Maritime") has moved pursuant to Rules 12(f) and 56, Fed.R.Civ.P., for an order granting summary judgment of its action arising out of an alleged failure to deliver goods shipped by defendant Emery Air Freight Corporation ("Emery"). For the reasons set forth below, the motion is denied.

The Parties

Maritime, a Canadian corporation based in Toronto, brings...

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