HMK/jb FS 7908

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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MAN FERROSTAAL, INC.,

Plaintiff, 07 CIV 5836 (LAP)(THK)

 ECF CASE

-againstM/V KANG SHUN, her engines, boilers, VERIFIED

tackle, etc., JESWICK SHIPPING LTD., COMPLAINT

COSCO (HK) SHIPPING CO., LTD.,

SM CHINA CO., LTD.,

Defendants.

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Plaintiffs through their attorney KINGSLEY, KINGSLEY & CALKINS allege for

their complaint herein:

1. This is a claim under the Court's Admiralty and Maritime jurisdiction

with respect to the carriage of goods by water, and under the Federal question

jurisdiction under the Interstate Commerce Act, and Court's diversity and pendent

jurisdiction with respect to the remaining aspects of the claim. 

2. Plaintiffs are the owners or duly authorized representatives of the

owners or underwriters or subrogated underwriters of cargo shipped on board the

captioned vessel which is more particularly described in Schedule A hereto, and for

which bills of lading were issued.

3. Defendants were vessel owners, suppliers, sellers, shippers, inspectors,

managers, operators, charterers, freight forwarders, stevedores, terminal operators,

common carriers by water and by land, bailees for hire, insurers and sureties with

respect to the cargo described in Schedule A hereto which was sold, shipped,

inspected, carried, kept, discharged and delivered from the captioned vessel, inland

conveyances, terminals and warehouses by defendants.

Case 1:07-cv-05836-LAP Document 1 Filed 06/20/2007 Page 1 of 4
4. The cargo described in Schedule A was lost and damaged by defendants

due to the fault, neglect, deviation, unseaworthiness, maritime tort, tortious

interference with contract, breach of warranty, sinking, stranding, salvage expenses,

general average and conversion of defendants, their agents and servants, and

delivered by defendants in non-conforming and contaminated condition,

mis-delivered and non-delivered.

5. The vessel is now or will be during the pendency of this action within

the jurisdiction of this Honorable Court.

6. Plaintiffs' sue on their own behalf and as agents and trustees on behalf

of any other party who may now have or hereinafter acquire an interest in this

action.

7. If this claim is subject to Arbitration then plaintiffs hereby demand such

Arbitration and appoint Lucienne C. Bulow of New York City as arbitrator thereof.

8. Plaintiffs' damages are in excess of $10,000.00.

WHEREFORE, plaintiffs demand judgment in an amount exceeding

$10,000.00 plus interest and costs and pray the Court to issue its process against

the aforesaid defendants and vessel.

Dated: June 20, 2007

KINGSLEY, KINGSLEY & CALKINS

Attorneys for Plaintiff

BY:____/S/__________________

 HAROLD M. KINGSLEY

 91 West Cherry Street

 Hicksville, New York 11801

 (516) 931-0064 

 hmk@kingsleyandkingsley.com

Case 1:07-cv-05836-LAP Document 1 Filed 06/20/2007 Page 2 of 4
 SCHEDULE A

OUR REF: FS 7908

VESSEL: M/V KANG SHUN

PORTS: SHANGHAI/HOUSTON

BILLS OF LADING: SMAG605SHHTO116,117,120, 127 THROUGH

134

DATED: MAY 27, 2006

CHARTER PARTY BETWEEN SM CHINA CO AND MAN

FERROSTAAL, INC.

DESCRIPTION OF CARGO: STEEL PIPE

AMOUNT: $10,000.00

Case 1:07-cv-05836-LAP Document 1 Filed 06/20/2007 Page 3 of 4
VERIFICATION

Harold M. Kingsley, the undersigned, an attorney admitted to practice in the

courts of the state of New York , state that I am the attorney of record for MAN

FERROSTAAL, INC., in the within action; I have read the foregoing Complaint and

know the contents thereof; and I declare and affirm under penalties of perjury that

the same is true to my knowledge based on documents in my file, on information

and belief, and which I believe to be true.

The reason this Verification is made by the undersigned and not by an

officer of MAN FERROSTAAL, INC., is that there are no officers now present in

Nassau County where affiant has his office.

Dated: June 20, 2007

__/S/_________________________

 HAROLD M. KINGSLEY

Case 1:07-cv-05836-LAP Document 1 Filed 06/20/2007 Page 4 of 4