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EVERGREEN MARINE CORP. v. SIX CONSIGNMENTS OF FROZEN SCALLOPS

No. 93-1136.

4 F.3d 90 (1993)

EVERGREEN MARINE CORPORATION, Plaintiff, Appellant, v. SIX CONSIGNMENTS OF FROZEN SCALLOPS, In Rem, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 17, 1993.

Attorney(s) appearing for the Case

Joseph F. De May, Jr. with whom Cichanowicz, Callan & Keane, New York City, Thomas J. Muzyka, and Clinton & Muzyka, P.C., Boston, MA, were on brief, for appellant.

Evan Slavitt with whom Hugh J. Gorman III and Hinckley, Allen & Snyder, Boston, MA, were on brief, for appellees.

Before TORRUELLA, SELYA and CYR, Circuit Judges.

CYR, Circuit Judge.

Appellant Evergreen Marine Corporation, an ocean carrier, was fraudulently induced to discharge six consignments of frozen scallops, valued at $1.2 million, to Gloucester Corporation, without taking up possession of the bills of lading. After Gloucester became insolvent, the discharged scallops were seized by appellees Fleet National Bank and Cooperative Centrale Raiffeisen-Boerenleenbank B.A. (hereinafter, collectively, "the Banks"), holders of...

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