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LOUIS-DREYFUS v. PATERSON STEAMSHIPS

No. 8.

67 F.2d 331 (1933)

LOUIS-DREYFUS et al. v. PATERSON STEAMSHIPS, Limited.

Circuit Court of Appeals, Second Circuit.

November 6, 1933.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City, and Burke & Desmond, of Buffalo, N. Y. (Henry N. Longley, Thomas C. Burke, and Ezra G. Benedict Fox, all of New York City, of counsel), for appellants.

Frederick L. Leckie and Holding, Duncan & Leckie, all of Cleveland, Ohio, for appellee.

Before L. HAND, SWAN, and MACK, Circuit Judges.

L. HAND, Circuit Judge.

This case now comes before us after a second trial following our decision reported in 43 F.2d 824, 72 A. L. R. 242. The judge had originally dismissed the libel, and we should have sustained his decree except for some testimony that the pumps of the "Advance" were so rigged that the only suction in the cargo hold was from a pump in the engine room. Two expert witnesses had said that this made the ship unseaworthy...

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