J.C.B. SALES LTD. v. M.V. SEIJIN

Nos. 95 Civ. 10836 (MP), 96 Civ. 1102 (MP), 96 Civ. 1153 (MP) and 96 Civ. 1304 (MP).

921 F.Supp. 1168 (1996)

J.C.B. SALES LTD., Plaintiff, and New Holland North America, Inc. and Ford New Holland, Plaintiffs, and Caterpillar Inc., Plaintiff, and Land Rover Exports Ltd., Plaintiffs, v. M.V. SEIJIN, her engines, boilers, etc., in rem, San Clemente Shipping S.A., Wallenius Lines (Wallenius Lines North America Inc.), in personam, Defendants.

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

April 16, 1996.


Attorney(s) appearing for the Case

Hill Rivkins Loesberg, O'Brien Mulroy & Hayden by Alan S. Loesberg, T.E. Willoughby, New York City, for Plaintiffs J.C.B. Sales Ltd., Caterpillar, Inc. and Land Rover Exports Ltd.

Graham, Miller, Neandross, Mullin & Roonan by Jeffrey L. Neandross, New York City, for Plaintiffs New Holland North America & Ford New Holland Canada.

Wright, Constable & Skeen by James D. Skeen, Baltimore, MD, for Plaintiff Caterpillar, Inc.

Cichanowicz, Callan & Keane by Paul M. Keane, New York City, for Defendant Wallenius Lines.

Walker & Corsa by Christopher H. Mansuy, New York City, for Defendants M.V. Seijin and San Clemente Shipping S.A.


OPINION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MILTON POLLACK, Senior District Judge.

Four suits1 have been consolidated for non-jury trial, presenting admiralty and maritime claims for monetary damages to cargo carried under contract by the M/V Seijin (the "vessel"), to Baltimore, Maryland in March, 1995. The claims name as defendants, the vessel, its charterer Wallenius Lines North America Inc., a Swedish...

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