District Court, S.D. New York June 7, 1985, 81 Civ. 4755-CSH (Austracan (U.S.A.) Inc. v. Neptune Orient Lines, Ltd.)

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge.

In this admiralty action alleging partial loss of a shipment of canned tuna, plaintiff consignee moves for summary judgment pursuant to Rule 56, F.R.Civ.P., against defendant and third-party plaintiff ocean carrier.

Many of the relevant facts are not disputed. Plaintiff Austracan (U.S.A.) Inc.