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GARNAY, INC. v. M/V LINDO MAERSK

No. 91 Civ. 3031 (CSH).

816 F.Supp. 888 (1993)

GARNAY, INC., Plaintiff, v. M/V LINDO MAERSK, then known as McKinney Maersk, etc., her engines, boilers, etc., in rem, v. MAERSK LINES, Difko XLIII K/S + Kodif XIII APS and Bridge Terminal Transport in personam, Defendants and Third Party Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYDS OF LONDON and various other underwriting companies in London, Third Party Defendants and Fourth Party Plaintiffs, v. The UNITED STATES of America, Fourth Party Defendant.

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

March 8, 1993.

Attorney(s) appearing for the Case

Bigham Englar Jones & Houston by Lawrence B. Brennan, New York City, for Garnay, Inc.

Freehill Hogan & Mahar by Owen F. Duffy, New York City, for defendant and third-party plaintiffs Maersk Line, Inc., Difko XLIII K/S + Kodif XIII APS and Bridge Terminal Transport.

Caesar, Napoli & White by Mendel White, New York City, for Certain Underwriters at Lloyds of London, et al.

U.S. Dept. of Justice by Mark E. Schaefer, New York City, for the U.S.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This admiralty action involves alleged damage to a relatively exotic cargo, dried Gingko Biloba leaves (hereinafter "leaves"), the theft of a container, and the belated emergence on the scene of the Federal Bureau of Investigation. The action has metastasized into fourth-party practice, and is now before the Court on various motions and cross-motions.

Background

Plaintiff Garnay...

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