CARGILL, INC. v. M/T PACIFIC DAWN

No. 92 Civ. 4987 (JES).

876 F.Supp. 508 (1995)

CARGILL INC., et al., Plaintiffs, and Christianssands Skibsassuranceforening, et al., Intervening Plaintiffs, v. M/T PACIFIC DAWN, et al., Defendants.

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

January 27, 1995.


Attorney(s) appearing for the Case

Varet & Fink (Stanley McDermott, III, Peter M. Corrigan, of counsel), Hill Rivkins Loesberg O'Brien Mulroy & Hayden (John Ryan, of counsel), New York City, O'Neil, Eichin, Miller, Breckinridge & Saporito (John F. Fay, Jr., William E. O'Neil, of counsel), New Orleans, LA, for plaintiffs.

Nourse & Bowles (Lawrence Bowles, Bruce G. Paulsen, Michael E. Crowley, of counsel), Watson, Farley & Williams (Christopher P. Belisle, of counsel), Burlingham Underwood (Terry L. Stoltz, of counsel), Clark & Atcheson (Frank A. Atcheson, of counsel), Hughes Hubbard & Reed (Steven A. Hammond, of counsel), New York City, for intervening plaintiffs.

Haight, Gardner, Poor & Havens, New York City (Richard G. Ashworth, of counsel), for intervening plaintiff and defendant-claimant.

Nourse & Bowles, New York City (Lawrence J. Bowles, of counsel), for intervening defendant.


AMENDED MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

At issue is whether the plaintiffs or the intervening plaintiff Christianssands Skibsassuranceforening ("Christianssands") is entitled to the remaining Registry Funds plus accumulated interest, which represent the balance of the amount realized from the interlocutory sale of the M/T PACIFIC DAWN.

BACKGROUND

The plaintiffs are the owners of numerous parcels of vegetable oil loaded...

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