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MARTIN MARIETTA CORP. v. HARPER GROUP

No. 93 Civ. 7313 (RLC).

950 F.Supp. 1250 (1997)

MARTIN MARIETTA CORPORATION as successor to General Electric Company, General Electric Company, and Insurance Company of North America, Plaintiffs, v. The HARPER GROUP as successor to Circle Airfreight Corporation, Circle Freight International (USA, Inc.) and Circle Freight International, Ltd., Harper Freight International as successor to Circle Airfreight Corporation, Circle Freight International (USA, Inc.) and Circle Freight International, Ltd., Circle Air Freight Corporation, Circle Freight International (USA, Inc.), Circle Freight International, Ltd. and Koninklijke Luchtvaart Maatschappij N.V. (KLM-Royal Dutch Airlines), Defendants.

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

January 7, 1997.

Attorney(s) appearing for the Case

Donovan, Parry, Walsh & Repetto, New York City (Daniel G. McDermott, John K. McElligott, of counsel), for Plaintiffs Martin Marietta Corporation, General Electric Company, and Insurance Company of North America.

Kroll & Tract, New York City (James W. Carbin, James E. Mercante, of counsel), for Defendants the Harper Group et al. and Circle Airfreight Corporation et al.

Condon & Forsyth, New York City (John F. Schutty, Stephen J. Fearon, of counsel), for Defendant KLM-Royal Dutch Airlines.

OPINION

ROBERT L. CARTER, District Judge.

I. Background

The dispute in this case centers on whether plaintiff Martin Marietta Corporation, successor to General Electric ("GE"), can recover under the Warsaw Convention1 the full or partial value of sonar equipment damaged while en route from New York to the United Kingdom. The defendants are KLM Royal Dutch...

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