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FORTIS CORPORATE INS. v. M/V CIELO DEL CANADA

No. 02 CIV. 8987(GEL).

320 F.Supp.2d 95 (2004)

FORTIS CORPORATE INSURANCE, S.A., Plaintiff, v. M/V CIELO DEL CANADA, and M/V California, in rem, and Italia Di Navigazione SpA, Buss Hansa Umschlagsgesellschaft mbH, and Juist Shipping GmbH in personam, Defendants.

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

January 12, 2004.

Attorney(s) appearing for the Case

David T. Maloof, Maloof Browne & Eagan, LLC, Rye, N.Y. (Thomas M. Eagan, of counsel), for Plaintiff.

Edward A. Keane, Mahoney & Keane, LLP, New York, N.Y. (Garth S. Wolfson, of counsel), for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LYNCH, District Judge.

Plaintiff, as subrogee of the consignee of a shipment of dried lentils and peas from Canada to Peru, sues the carrier of the shipment for the total loss of the cargo, allegedly due to sea water contamination of the containers during the voyage. Defendant carrier concedes liability for a portion of the loss, but contests the amount of damages...

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