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XM INTERN., INC. v. CHINA OCEAN SHIPPING CO.

No. 96 CIV. 5912(CBM).

121 F.Supp.2d 301 (2000)

XM INTERNATIONAL, INC. Plaintiff(s), v. CHINA OCEAN SHIPPING COMPANY, M/V Yong Jiang, her engines, tackle, boilers, etc., Capital Risk Concepts, Ltd., Phoenix Assurance Co. of New York, and WM. H. McGee & Co., Inc. Defendant(s).

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

October 30, 2000.

Attorney(s) appearing for the Case

James M. Kenny, Kenny & Stearns, New York City, for Plaintiff.

James E. Mercante, Rubin & Fiorella LLP, New York City, for Defendants Phoenix Assurance Co. of New York and Wm. H. McGee & Co., Inc.

Thomas A. Leghorn, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City, for Defendant Capital Risk Concepts, Ltd.

MEMORANDUM OPINION

MOTLEY, District Judge.

Plaintiff, XM International ("XM"), filed this admiralty and maritime action on August 5, 1996. Plaintiff's claims concern a shipment of galvanized nails allegedly damaged in transit from China to the United States in April 1996 ("the Yong Jiang shipment"). Plaintiff filed claims against China Ocean Shipping Company ("COSCO"), the shipper, M/V Yong Jiang ("Yong Jiang"), the ship, Phoenix Assurance Co. ("Phoenix...

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