INSURANCE CO. OF NORTH AMERICA v. S/S CAPE CHARLES

No. 92 Civ. 6184.

843 F.Supp. 893 (1994)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. S/S "CAPE CHARLES," S/S "ALLIGATOR VICTORY," their engines, tackles, boilers, etc., Defendant. MITSUI O.S.K. LINES, LTD., Defendant and Third-Party Plaintiff, v. MOMENTUM TRANSPORT, INC., Third-Party Defendant.

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

February 10, 1994.


Attorney(s) appearing for the Case

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

Kirlin, Campbell & Keating (Kevin J. Hartmann, of counsel), New York City, for defendant and third-party plaintiff Mitsui O.S.K. Lines, Ltd.

Dougherty, Ryan, Giuffra, Zambito & Barra (Peter J. Zambito, of counsel), New York City, for defendants S/S "Cape Charles," S/S "Alligator Victory."

Tell, Cheser & Breitbart (Paul Kovner, of counsel), New York City, for third-party defendant Momentum Transport, Inc.


MEMORANDUM and ORDER

STANTON, District Judge.

Defendant and third-party plaintiff Mitsui O.S.K. Lines, Ltd. ("Mitsui") moves to strike the jury demand of the third-party defendant Momentum Transport, Inc. ("Momentum").

On August 14, 1992, plaintiff Insurance Company of North America ("INA") brought this admiralty action as the subrogated cargo insurer of Flag Imports, Inc. ("Flag"). INA paid Flag $102,924.60 to cover damages to a shipment of frozen...

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