HMK/cm FS 7373

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

----------------------------------------------------------X

THYSSEN KRUPP MATERIALS NA INC.

Plaintiff, 07 CV 3556 (LTS)

ECF CASE

-against-

 

M/V FALCON TRADER, her engines, boilers, VERIFIED

tackle, etc., STX PAN OCEAN CO. LTD, COMPLAINT

SAGANA SHIPPING INC., AND 

VICTORIA SHIP MANAGEMENT INC.

Defendants.

----------------------------------------------------------X

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, 

Case 1:07-cv-03556-LTS Document 1 Filed 05/03/2007 Page 1 of 5
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.

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 $20,000.00.

Case 1:07-cv-03556-LTS Document 1 Filed 05/03/2007 Page 2 of 5
WHEREFORE, plaintiffs demand judgment in an amount exceeding 

$20,000.00 plus interest and costs and pray the Court to issue its process

against the aforesaid defendants and vessel.

Dated: April 30, 2007

KINGSLEY, KINGSLEY & CALKINS

Attorneys for Plaintiffs

BY: ___/S/___________________

 HAROLD M. KINGSLEY

 91 West Cherry Street

 Hicksville, New York 11801

 (516) 931-0064 HK 8660

 hmk@kingsleyandkingsley.com

Case 1:07-cv-03556-LTS Document 1 Filed 05/03/2007 Page 3 of 5
 SCHEDULE A

OUR REF: TY 7888

VESSEL: M/V FALCON TRADER

PORTS: TAICHUNG/LOS ANGELES

BILL OF LADING: POBUTAILAX66603

DATED: APRIL 18, 2006

CHARTER PARTY: BETWEEN STX PAN OCEAN SHIPPING CO., INC.

AND THYSSEN KRUPP STEEL SERVICES

DATED: FEBRUARY 2, 2006

DESCRIPTION OF CARGO: STEEL WIDE FLANGE BEAMS

AMOUNT: $ 20,000.00

Case 1:07-cv-03556-LTS Document 1 Filed 05/03/2007 Page 4 of 5
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

THYSSEN KRUPP MATERIALS NA 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 THYSSEN KRUPP MATERIALS NA INC., is that there are no officers

now present in Nassau County where affiant has his office.

Dated: April 30,2007

____/S/_______________________

 HAROLD M. KINGSLEY

Case 1:07-cv-03556-LTS Document 1 Filed 05/03/2007 Page 5 of 5