Legal Opinion

M. W. Zack Metal Co. v. The SS. Birmingham City

District Court, S.D. New York

Decided July 2, 1958Published

1Opinion of the Court

CASHIN, District Judge.

This is a motion by libellant for an order sustaining objections of libellant to requests for admissions served by respondent.

This is a relatively simple cargo damage case in which the main defense of the respondent ship owner is that any damage to the cargo was sustained after outturn while the cargo was in the process of inland transportation. Despite the relative simplicity of the case it has given rise to extended pre-trial tactical maneuvering by way of discovery proceedings. I do not deem it a wise expenditure of the time of the Court to review the voluminous file…

2Cases cited2 opinions

  1. International Carbonic Engineering Co. v. Natural Carbonic Products, Inc.District Court, S.D. California · 1944
  2. McWilliams Dredging Co. v. United StatesDistrict Court, E.D. Louisiana · 1952

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