UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
- - - - - -
August Term, 2000
(Argued: October 10, 2001 Decided: October
16, 2001 )
Docket No. 00-9534
BROCSONIC COMPANY, LTD.,
- v. -
M/V "MATHILDE MAERSK", M/V "MARCHEN
MAERSK", M/V "MARIT MAERSK", M/V "METTE MAERSK", their engines, boilers,
MAERSK INC., DAMPSKIBSSELAKABET AF
1912, and AKTIRESELAKAB and AKTIESELSKABET DAMPSKIBSSELSKABET SVENDBORG,
Before: NEWMAN and KEARSE, Circuit Judges,
CARMAN, Chief Judge*.
Appeal from a judgment of the United States
District Court for the Southern District of New York, Leonard B. Sand,
Judge, dismissing action for lack of admiralty jurisdiction.
EDWARD A. KEANE, New York, New York
(Mahoney & Keane, New York, New York, on the brief), for Plaintiff-
PETER J. GUTOWSKI, New York, New
York (Gina M. Venezia, Freehill, Hogan & Mahar, New York, New York,
on the brief), for Defendants-Appellees.
Plaintiff Brocsonic Company appeals from a final
judgment of the United States District Court for the Southern District
of New York, Leonard B. Sand, Judge, dismissing for lack of admiralty
jurisdiction the plaintiff shipper's action seeking damages for misdelivery
of cargo stored by the defendant carrier, at plaintiff's request, for some
18 months after the completion of carriage. We affirm substantially for
the reasons stated in Judge Sand's opinion, reported at 120 F.Supp.2d 372
*Honorable Gregory W. Carman, Chief
Judge of the United States Court of International Trade, sitting by designation.