Bubble Up International Ltd. v. Transpacific Carriers Corp.

OPINION

VINCENT L. BRODERICK, District Judge.

I

Plaintiffs Bubble Up International Ltd., et al., owners of cargo carried upon defendants’ ship, bring this action to recover General Average deposits required by and paid to defendants as a prerequisite for the release of plaintiffs’ cargo at ports of discharge.

Admiralty and maritime jurisdiction is properly invoked pursuant to 28 U.S.C. § 1333 and Rule 9(h), F.R.Civ.P.

I find, for the reasons set forth below, that plaintiffs are entitled to recover the amounts they paid as General Average.

II

Plaintiffs are the owners or underwriters of certain…