Legal Opinion

Prudential Lines, Inc. v. General Tire International Co.

District Court, S.D. New York

Decided May 6, 1977No. 76 Civ. 2834 (LFM)PublishedCited by 10 opinions

1Opinion of the Court

OPINION

MacMAHON, District Judge.

Defendant, Quin Marine Services, Inc., moves to dismiss on grounds that plaintiff is. not the real party in interest, pursuant to Rule 17(a), Fed.R.Civ.P.

Plaintiff, owner and operator of the SS' LASH ITALIA, seeks $2,500,000 for barge and cargo damage allegedly caused by defendant’s failure to package and secure the cargo properly. Plaintiff also seeks indemnity for legal expenses.

The purchaser-consignee of the damaged cargo was I.S.C.E. Romchim, State Enterprise for Foreign Trade of Rumania (“Rom-chim”), and the cargo was insured by United Kingdom Mutual…

2Cases cited15 opinions

  1. Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
  2. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  3. Marvin Dudley v. Gilbert P. SmithCourt of Appeals for the Fifth Circuit · 1975
  4. William M. Haas v. Jefferson National Bank of Miami Beach, and Charles H. Glueck, New PartyCourt of Appeals for the Fifth Circuit · 1971
  5. Virginia Elec. & Power Co. v. Westinghouse Elec. Corp.Court of Appeals for the Fourth Circuit · 1973

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3Cited by10 opinions

  1. Patricia M. Krueger, and American States Insurance Company, Intervening v. James S. CartwrightCourt of Appeals for the Seventh Circuit · 1993
  2. ICON Group, Inc. v. Mahogany Run Development Corp.Court of Appeals for the Third Circuit · 1987
  3. Truckweld Equipment Co. v. Swenson Trucking & Excavating, Inc.Alaska Supreme Court · 1982
  4. Glacier General Assurance Company v. G. Gordon Symons Co., Ltd., and Canadian Market Management, Ltd.Court of Appeals for the Ninth Circuit · 1980
  5. Lord Day & Lord v. Socialist Republic of VietnamDistrict Court, S.D. New York · 2001

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