Legal Opinion

Chen Chun Mei Chang v. Zenith Navigation S.A.

District Court, S.D. New York

Decided September 7, 1979No. 77 Civ. 4208 (IBC)Published

1Opinion of the Court

OPINION

IRVING BEN COOPER, District Judge.

Defendants move under Rules 12(b)(6) and 56(b), F.R.Civ.P., for an order dismissing the complaint, for failure to state a claim upon which relief may be granted or granting summary judgment on the ground the claims were released. Plaintiffs cross-move for an order granting discovery and inspection of defendants’ corporate books and directing the depositions of Chin Yu Hsu, also known as James Y.S. Chen. For the reasons set forth below, plaintiffs’ motion is granted and defendants’ motions are denied.

The Complaint

The Complaint, which demands a jury…

2Cases cited7 opinions

  1. Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
  2. American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967
  3. Arthur A. Kelcey v. Tankers Company Incorporated, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1954
  4. Hector Lopez Sagastume v. Lampsis Navigation Ltd., as Owner of the DrosiaCourt of Appeals for the Second Circuit · 1978
  5. Giuseppe Capotorto v. Compania Sud Americana De Vapores, Chilean Line, Inc.Court of Appeals for the Second Circuit · 1976

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