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KANE v. UNION OF SOVIET SOCIALIST REPUBLICS

April 14, 1967

Joseph S. KANE
v.
UNION OF SOVIET SOCIALIST REPUBLICS, Amtorg Trading Corporation, Haenn Ship Ceiling and Refitting Corporation and Black Sea State Steamship Line



The opinion of the court was delivered by: GANEY

GANEY, Circuit Judge.

 This matter is before the Court on a motion by Black Sea State Steamship Line to set aside, among other matters, service of process upon it through Moore-McCormack Lines, Inc., in a suit brought by a longshoreman for serious and permanently disabling injuries sustained by him aboard the S.S. Mikhail Kutuzov while it was in the Port of Philadelphia. From information obtained from the whole record in this suit, this Court makes the following

 FINDINGS OF FACT:

 1. On January 4, 1946, the S. S. Mikhail Kutuzov, owned by respondent, Union of Soviet Socialist Republics ("U.S.S.R."), and operated by respondent, Black Sea State Steamship Line ("Black Sea"), was in the Port of Philadelphia upon its regular business. The husbanding services for the vessel during its stay here were performed by Moore-McCormack Lines, Inc ("Mormack"). The latter was engaged in the business of providing necessary services for the handling of vessels while they were in port.

 2. On the above date, libellant, Joseph S. Kane, a resident of Philadelphia, while performing his duties as a longshoreman aboard the S.S. Mikhail Kutuzov, sustained serious and permanent injuries.

 3. In 1946, nine economic organizations, including Black Sea, organized under the laws of the U.S.S.R., as owners and charterers of vessels, "all acting through AMTORG TRADING CORPORATION, as agent," entered into a Ship's Agency Agreement, effective October 1, 1946, with Mor-mack. Under the Agreement, Mor-mack agreed to do the following in accordance with special instructions issued by the nine owners or their representatives:

 "(a) Attend all vessels of the owners in United States ports and furnish all port services for such vessels;

 (b) Attend to the formalities required by law in connection with the arrival and departure of vessels;

 (c) Notify the master of damage to cargo, and arrange for a survey in case of damage: (In this regard Mor-Mack is held responsible for all losses due to its failure to inspect the cargo and arrange for a survey.);

 (d) Transship through cargo, warehouse cargo, collect freight and charges, and hold unclaimed and unpaid cargo for the account of owners;

 (e) Cooperate with the general average adjuster and take all necessary steps to protect the interest of the vessel involved in cases of collision, salvage, etc.;

 (f) Issue receipts to the master for cargo discharged;

 (g) Prepare bills of lading and manifests for cargo loaded;

 (h) Perform terminal operations, and be responsible for loss and damage to vessel and cargo by ...


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