BERKSHIRE FASHIONS, INC. v. M.V. HAKUSAN II

No. 90-5891.

954 F.2d 874 (1992)

BERKSHIRE FASHIONS, INC., Plaintiff-Appellant, v. The M.V. HAKUSAN II, her engines boilers etc. in rem Canopus Ship-Holding S.A., Nippon Yusen Kaisha, Showa Kaiun, Air-Sea Transport Inc., Orient Star Shipping (USA) Inc., Y.F.K. Cargo Service, Inc. a/k/a Y.F.K. Air Cargo Service Inc., Global Traffic Systems Inc., and J.O.V. Enterprises, Inc., Defendants-Appellees. GLOBAL TRAFFIC SYSTEMS and JoLin Hauling, Inc., Third-Party Plaintiffs-Appellees, v. CARBRO CONSTRUCTION CORP., and the City of Linden, N.J., Third-Party Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided January 23, 1992.


Attorney(s) appearing for the Case

Harry Robinson, III (argued), John Bowens, Gennet and Kallmann, Roseland, N.J., for third-party plaintiff-appellee, Global Traffic Systems.

George W. Wright (argued), Kroll and Tract, Newark, N.J., for plaintiff-appellant Berkshire Fashions.

Before BECKER, NYGAARD and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal primarily involves questions about the breadth of the federal courts' admiralty jurisdiction. It arises out of a dispute about the loss of a shipment of umbrellas in transport between a Taiwanese manufacturer and an American retailer. The retailer, New York-based plaintiff Berkshire Fashions, Inc. ("Berkshire"), purchased seven hundred and fifty cartons of umbrellas from defendant Jiung Chia Umbrella...

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