Arkwright Mutual Insurance v. Pan American World Airways, Inc.

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

McNAUGHT, District Judge.

This matter is before the Court on defendant Pan American World Airways’ (Pan *56Am) motion for summary judgment. Arkwright Mutual Insurance Company (Arkwright) as subrogee of Crouse-Hinds Navigation Aids (Crouse-Hinds) brought suit in Suffolk Superior Court alleging damages for failure to deliver air cargo shipped by defendant. Pursuant to 28 U.S.C. § 1446, Pan Am removed the suit to Federal District Court.

On December 14, 1987, Crouse-Hinds arranged for air shipment of a lighting system from the…