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GTS INDUSTRIES S.A. v. S/S HAVTJELD

No. 1146, Docket 94-7885.

68 F.3d 1531 (1995)

GTS INDUSTRIES S.A., Plaintiff-Appellee, v. S/S "HAVTJELD", her engines, tackle, boilers etc., in rem, Defendant, K/S Havtjeld, A/S Havtor Management, A/S Bulkhandling, in personam, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 1, 1995.

Attorney(s) appearing for the Case

Chester D. Hooper, New York City (A. Andrew Tsukamoto, Haight, Gardner, Poor & Havens, New York City, of counsel), for Defendants-Appellants.

David L. Mazaroli, New York City, for Plaintiff-Appellee.

Before: KEARSE, CARDAMONE, and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

We have before us a dispute between a shipper and a shipowner regarding cargo which, after reaching its destination and upon being unloaded from the ship, was discovered to be damaged. Total repair costs for the damages and survey fees amounted to $212,827.12, for which amount the shipper brought suit. After a bench trial held in the United States District Court for the Southern District of New York (Carter, J.), the shipper obtained a decision...

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