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ZIMA CORP. v. M. V. ROMAN PAZINSKI

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK


February 25, 1980

ZIMA CORPORATION and Schweiter Corporation, Plaintiffs,
v.
M. V. ROMAN PAZINSKI, her boilers, etc., Polish Ocean Lines and Panalpina Welttransport Gmbh. Hamburg, Defendants

The opinion of the court was delivered by: CONNER

On Request to Reconsider

After having considered the submissions of the parties relating to plaintiff's request to reconsider the Court's opinion and order of January 18, 1980, the Court finds that plaintiff has neither adduced additional facts *fn1" nor advanced additional arguments which would support any amendment to the Court's opinion. The request is therefore denied.

The opinion is, however, amended nunc pro tunc to provide that with . . . respect to the dismissal of plaintiff's claims based on grounds other than carrier status under the forum selection clause, see page -- , the dismissal is conditioned on defendant Panalpina Hamburg's waiver of defenses based on the running of statutes of limitation or laches only during the period between the time this complaint was filed and the date of this amended order.

 SO ORDERED.


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