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DUFERCO STEEL INCORPORATED v. M/V KALISTI

No. 96-2521.

121 F.3d 321 (1997)

DUFERCO STEEL INCORPORATED, Plaintiff-Appellant, v. M/V KALISTI, her engines, boilers, tackle, furniture, apparel, etc., in rem; and Tomazos Shipping, Limited, in personam, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1997.

Rehearing and Suggestion for Rehearing Denied September 23, 1997.

Attorney(s) appearing for the Case

Steven C. Weiss, Paul M. Levy, Michael J. Devine, Deutsch, Levy & Engel, Chicago, IL, Stanley McDermott, III (argued), Leo G. Kailas, Peter M. Corrigan, Piper & Marbury, New York City, for plaintiff-appellant.

Paul Kozacky (argued), Mark K. Anderson, Kozacky & Associates, Chicago, IL, for defendants-appellees.

Before RIPPLE, MANION and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 23, 1997.

RIPPLE, Circuit Judge.

This is an in rem action against the M/V Kalisti and an in personam action against the ship's owner, Tomazos Shipping, Limited ("Tomazos"). The suit was brought by Duferco Steel Incorporated ("Duferco"), under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C.App. §§ 1300 et seq., to recover for damage done to goods in transit from Italy to...

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