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NEW YORK MARINE & GEN. v. S/S "MING PROSPERITY"

No. 94 Civ. 5082(LAK).

920 F.Supp. 416 (1996)

NEW YORK MARINE & GENERAL INSURANCE CO., Braha Industries, Inc., Plaintiffs, v. S/S "MING PROSPERITY," her engines, tackle boilers, etc., Yang Ming Marine Transport Corporation, Yang Ming Line, The Atchison, Topeka and Santa Fe Railway Company, Defendants.

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

February 22, 1996.

Attorney(s) appearing for the Case

Robert J. Plansker, Robert J. Giuffra, Dougherty, Ryan, Giuffra, & Zambito, New York City, for Plaintiff.

Joseph F. De May, Jr., Paul M. Keane, Chicanowicz, Callan & Keane, New York City, for Defendant Yang Ming.

Ilene J. Feldman, Barry N. Gutterman & Associates, New York City, for Defendant Atchison, Topeka and Santa Fe Railway.

KAPLAN, District Judge.

This is an action to recover for the nondelivery of cargo that was shipped from overseas and destroyed during inland carriage in the United States. Plaintiffs' motion for summary judgment has elicited a complicated interchange among the parties, creating disputes over jurisdiction, the law governing this action, liability, and the amount of damages available to plaintiffs.

Facts

Braha Industries, Inc. ("Braha") is an...

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