WJ Roberts & Co., Inc. v. SS Hellenic Glory

METZNER, District Judge:

Plaintiffs move pursuant to Fed.R.Civ.P. 56 for summary judgment on the ground that defendants are collaterally estopped from denying liability by the decision of Judge Broderick in Bubble-Up International Ltd., et al. v. Transpacific Carriers Corp., 458 F.Supp. 1100 (S.D.N.Y.1978).

Plaintiffs represent certain of the cargo interests on a voyage of the S.S. Hellenic Glory terminated due to a breakdown at sea. Defendants declared a general average and required deposits for anticipated costs and expenses before cargo would be released. Plaintiffs allege payment of…