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IN RE MILLENIUM SEACARRIERS, INC.

Docket Nos. 05-5421-BK, 05-5426-BK.

458 F.3d 92 (2006)

In re MILLENIUM SEACARRIERS, INC., Debtors. Jamaica Shipping Company Limited, Plaintiff-Appellee, v. Orient Shipping Rotterdam, B.V., Defendant-Appellant. In re Millenium Baltic, Inc., Debtor. Orient Shipping Rotterdam, B.V., Plaintiff-Appellant, v. Jamaica Shipping Company Limited, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2006.

Attorney(s) appearing for the Case

Christopher F. Graham, Thacher Proffitt & Wood LLP (Louis A. Curcio, Mary H. Mulhearn, on the brief) New York, NY, for Debtor Millenium Baltic, Inc.

Jeremy J.O. Harwood, Healy & Baillie, LLP, New York, NY, for Appellant Orient Shipping Rotterdam, B.V.

James H. Hohenstein, Holland & Knight LLP (Francesca Morris, on the brief) New York, NY, for Appellee Jamaica Shipping Company Limited.

Before MESKILL, CABRANES and WESLEY, Circuit Judges.

PER CURIAM.

This litigation concerns a dispute over which of two contracts for the carriage of goods by ship (known as "charterparties") was assumed and assigned pursuant to a bankruptcy court sale order ("Sale Order"). The Sale Order provided for the sale of the principal asset of debtor Millenium Baltic, Inc., a ship called the Millenium Baltic (the "Vessel"), now known as the M/V Jamaica. The Jamaica Shipping Company Limited ("Jamaica"), the ultimate purchaser...

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