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KARAVEL SHIPPING CORP. v. SUN INTL.

September 17, 1982

KARAVEL SHIPPING CORPORATION OF MONROVIA
v.
SUN INTERNATIONAL, LTD.



The opinion of the court was delivered by: GILES

 GILES, District Judge.

 Under Rule 56(c) of the Fed. R. Civ. P., a motion for summary judgment will be granted only if there is no genuine issue of material fact, thus entitling the moving party to a judgment as a matter of law. The moving party has the burden of showing the lack of a genuine factual issue and the pleadings are to be construed and inferences drawn in favor of the non-moving party. Adickes v. Kress & Co., 398 U.S. 144, 157, 26 L. Ed. 2d 142, 90 S. Ct. 1598 (1970); Hollinger v. Wagner Mining Equipment Co., 667 F.2d 402, 405 (3d Cir. 1981); Lynn v. Heyl and Patterson, Inc., 483 F. Supp. 1247, 1250 (W.D. Pa. 1980) aff'd 636 F.2d 1209 (3d Cir. 1980).

 I. Findings of Fact

 The parties agree upon the following relevant facts:

 1. Alpaca Shipping Corporation, Inc. ("Alpaca") was the Manager of the S.T. Arctic Star on behalf of Karavel.

 2. Sun International, Ltd. is the successor by reason of name change to Sun Oil Trading, Ltd.

 3. The voyage charter agreement was on a Asbatankvoy Tanker Voyage Party Form (this form is identical to the Exxon 1969 Tanker Voyage Party Form) with the inclusion, at Sun's request, of the following Sun standard clauses:

 
Lightering
 
Demurrage
 
Diversion
 
Safe Berth
 
Bill of Lading

 4. Paragraph C of the voyage charter ...


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